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(영문) 광주고등법원 2016.09.29 2015누6735 (1)
개발행위불허가처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the instant disposition

A. The Plaintiffs were established for the purpose of solar energy business, and the Plaintiff limited liability company filed an application for electric power generation business permission with the Defendant to run solar power generation business of the size of 99W on the ground of the respective solar power generation business of the facility capacity of the Plaintiff limited liability company (hereinafter “instant land”). On June 5, 2014, the Defendant applied for electric power generation business permission on each of the respective solar power generation businesses of the size of 99W size on the ground of the facility capacity of the Plaintiff limited liability company (hereinafter “instant land”). The Plaintiff limited liability company applied for electric power generation business permission on each of the following terms: (a) the equipment capacity of the instant land on the ground to obtain permission under individual laws from the Plaintiffs on June 5, 2014.

B. On November 28, 2014, the Plaintiffs filed an application with the Defendant for permission to construct solar power infrastructure and to change the form and quality of land for the instant project (hereinafter “instant application”). On December 30, 2014, the Defendant rendered a provisional disposition to deny development activities (hereinafter “instant disposition”) against the Plaintiffs on the following grounds.

1. There is a concern over undermining the surrounding scenery and aesthetic view;

(a) The site for the application is the site for the waste salt in the Masan-si, most adjacent to the area of the Yancheon-do Wetlands Protection, which is an area where diverse animals and plants, coastal landscape, and tidelands can be seen, centering solely on the net thousands of the site, and where artificial facilities are concentrated near the coastline, it was examined that the landscape and landscape of the natural landscape are damaged and are unsuitable to the ecological image of the city and the net thousands of the city, which is the symbol in the Yancheon-si, as well as the landscape of the city, if the artificial facilities are concentrated near the coastline.

(b) In addition, regional specificity is to protect the shore landscape axis and excellent landscape resources, and to maintain the view of the sloping tideland area, which is an ecological asset in the Ycheon City.

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