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(영문) 전주지방법원 2020.12.03 2020구합821
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. On November 19, 2018, the Plaintiffs filed an application with the Defendant for permission for installation of structures and development activities to change the form and quality of land (hereinafter “instant application”) pursuant to Article 56(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) to install solar power plants in the Jeon-gun, North-gun, and 22 lots (hereinafter “instant project site”).

B. Since then, the Plaintiffs, including the completion of the procedures for consultation on small-scale environmental impact assessment under the Saemangeum Regional Environmental Authority and the Environmental Impact Assessment Act, completed the procedures for prior consultation on disaster impact assessment under the Countermeasures against Natural Disasters Act, the procedures for consultation on conversion of mountainous districts under the Act and subordinate statutes on mountainous district management, and the procedures for consultation on

C. On May 7, 2019, the Defendant notified the Plaintiffs of the non-permission of the instant application for the following reasons (hereinafter “instant disposition”).

The instant project site is located 100 meters away from the boundary of Npark, which is a natural environment conservation area, and is likely to harm natural landscape and aesthetic view by viewing in national highways O, agricultural and fishing villages P and nearby villages. “200 Military Scenic Planning” under the “200 Military Scenic Planning Act,” and thus failing to comply with the guidelines for view of landscape, it is deemed that the instant project site is currently used as an orchard and is deemed as a superior farmland suitable for farming due to good soil quality, and thus, it is deemed that the Ministry of Land, Infrastructure and Transport’s instruction operation guidelines for permission of development acts are not necessary to preserve.”

The project site of this case is as stipulated in Articles 4 and 4 of the Countermeasures against Natural Disasters Act.

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