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(영문) 대전지방법원 2017.09.14 2017구합101583
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Pursuant to Article 7 of the Electric Utility Act and Article 6 of the Enforcement Rule of the same Act, the Plaintiffs obtained permission for solar power generation business from the Do governor on April 11, 2016, under Article 7 of the same Act and Article 6 of the Enforcement Rule of the same Act, on the grounds that “the content of business: solar power generation business, business site: Chungcheongnam-gun, Chungcheongnam-gun, C, and D (hereinafter “the instant site”), the scale: the kinds of atomic power: solar power: 92kW (Titter 1,00k), supply voltage: 22,905, radio frequency: 60 HZ, and the period of preparation for the business: April 11, 2016; and “the solar power generation business is licensed”.

B. On May 13, 2016, the Plaintiffs filed an application for development activities (hereinafter “instant application”) with respect to the instant site with respect to the Defendant on the following grounds: “The instant site, specific use area: Agricultural and forest area, installation of structures: The filing area (12,394m2), structure (a steel structure, concrete, solar mortar), structure: gradient (16m2), major species of trees, application area (29,04m2), etc.: On the other hand, the Plaintiffs filed an application for development activities to create solar power sites (hereinafter “instant application”), and filed an application for conversion of a mountainous district with respect to the creation of solar power sites: The instant site, exclusive use area, and the creation of solar power site.

C. On August 16, 2016, the Seocheon Urban and Gun Planning Committee determines that it is difficult to preserve the landscape of a mountainous district due to a 50% of the elevation of a mountainous district, which is a legal standard, as a result of the deliberation on the instant application, at least 10 percent of the “Operational Rules for the Permission of Development Acts in Seocheon-gun (hereinafter “Operation Rules”)” (Article 10(1)3 of the Operational Rules on the Permission of Development Acts in the Republic of Western-gun (hereinafter “Operation Rules”) and there is a concern that a part of the instant site conflicts with the separation distance within a 400-meter radius.

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