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(영문) 광주지방법원 2021.01.07 2020구합11527
개발행위허가처분 취소
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit are assessed against the plaintiffs, including the part resulting from the defendant's participation.

Reasons

Details of the disposition

The Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) was a corporation established for the purpose of developing electric resources, etc., and obtained permission for electric generation business with the content of engaging in wind power generation business (hereinafter “instant business”). On July 27, 2015, and May 1, 2017, from the Minister of Trade, Industry and Energy in the Republic of Korea (hereinafter “instant project site”).

The Plaintiffs are residents living in the vicinity of the instant project site or engaging in the livestock industry.

On June 7, 2017, the Intervenor filed an application with the Defendant for permission to engage in development activities (such as installation of a structure and change of the form and quality of land) with the content of installing a wind power generator on the instant project site and installing an access road (hereinafter “instant application”). On October 15, 2018, the Defendant rejected the instant application on the following grounds (hereinafter “previous disposition”). The instant project site is inappropriate under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); the instant project site is located in an agricultural and forest area and conservation zone; the BU, which has abundant biological diversity and plays a role as a metropolitan ecological axis; the implementation of the instant project is inevitable to impair connection due to the implementation of the project; 2) the surrounding area of the instant project, namely, construction of the natural landscape and surrounding area of the instant area, such as 1,000 square meters, and is not adequate to protect the surrounding area of the relevant land, such as the scale of the natural form and operation of the land.

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