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(영문) 창원지방법원 2021.01.21 2020구합50384
개발행위불허가처분취소
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 November 20, 2018, the Plaintiff filed an application with the Defendant for permission to convert mountainous districts and permission to engage in development activities (such as changing the form and quality of land, and installation of structures) deemed that permission to convert farmland is deemed permission to install solar power infrastructure, with respect to the installation of 4,950 square meters (hereinafter “the instant application site”).

1) Grounds for Disposition 1: 1) Disconformity with the criteria for permission for development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”); Article 58(1)5 of the National Land Planning Act and guidelines for operating permission for development activities (hereinafter “instant guidelines”) provides that the width of access roads is at least four meters in consideration of the traffic volume according to the scale of development activities at least 5,00 square meters; however, the density of access to sites for project application; 200 meters in farmland; 3.3.1 meters in width; 2) The concentration of access roads to rural areas is not in line with the criteria for permission for development activities; 4. Article 6 of the Enforcement Decree of the National Land Planning and Utilization Act (type of roads and standards for facilities; etc.); thus, it is not recognized as “road access roads for development projects,” which are directly connected to the production activities of farmers and fishermen pursuant to subparagraph 3 of the attached Table 4 of the Enforcement Decree of the National Land Planning and Utilization Act, and thus, it cannot be recognized as “land access roads” under Article 1(3) of the Enforcement Decree.

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