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(영문) 창원지방법원 2020.04.02 2019구합51701
건축신고불수리처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 2, 2018, the Plaintiff obtained a license for the electric generation business to operate solar power generation business (hereinafter “instant business”) in Gyeongnam-gun B from the Gyeongnam-do Governor.

B. On May 4, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities (such as changing land form and quality) deemed a building report and a building report in order to install solar power generation facilities on the land of 15,984 square meters (hereinafter “instant application site”, and inside a yellow line (B) among the forests below) among the above B forest land (hereinafter “instant application site”) and filed

(2) According to Article 18(1) of the Management of Mountainous Districts Act and Article 56(1)1-2 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 58(3) of the same Act and Article 56(1)1-2 of the Enforcement Decree of the same Act provide that a structure constructed or installed due to development activities shall not damage the surrounding natural scenery and aesthetic view because of the installation of large-scale solar power facilities at the back of the G village, there is concern that damage to surrounding natural scenery and scenic view, and that it is difficult for the Gun planning committee to completely cover solar power facilities at H, as well as that it is difficult for the Gun to fully cover the solar power facilities at H, and that it is difficult for the Gun to adversely affect overall village scenic view, and that the area of the mountainous district subject to permission for mountainous district conversion is not likely to damage the surrounding natural landscape and aesthetic view of the mountainous district subject to the standards for permission for mountainous district conversion.

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