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(영문) 서울행정법원 2018.05.31 2017구합82840
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 22, 2017, the Plaintiff: (a) from the Do Governor of the Gyeongbuk-do, the Plaintiff is deemed to be the Plaintiff’s land in this case, 122,860 square meters of Masan-ri, Masan-ri, Masan-do; and (b) 1,653 square meters of Masan-ri, Masan-do; and (c) 1,6

(2) As to the installation capacity 2,96.91kW, supply voltage 22,90V, installation area 29,500 square meters, solar electricity business (hereinafter “instant business”).

(B) At the time, the conditions of permission include that “The instant project is subject to a small-scale environmental impact assessment under Article 43 of the Environmental Impact Assessment Act, and must prepare a small-scale environmental impact assessment report prior to obtaining project approval pursuant to Article 44 of the same Act and consult with the head of the Daegu regional environmental office.” On April 10, 2017, the Plaintiff is located in the Defendant on April 10, 2017: The instant land, specific use area: agricultural and forest area, preservation and management area, and installation of structures: the area applied: the area of land: 1,583.0 square meters; the form and quality of land: 29,695 square meters of standing timber land; 29,695 square meters of applied area; 29,695 square meters of forest land (29,464 square meters of forest land among 141-1, 292-12 forest land;

(ii) applications for development activities for the creation of solar power plants to be filed (hereinafter referred to as “instant applications”);

A) A small-scale environmental impact assessment report (hereinafter “instant environmental impact assessment report”) prepared by EFC at that time.

(c) The Defendant submitted the instant environmental assessment report to the Daegu regional environmental office. On June 19, 2017, the Daegu regional environmental office consulted with the Defendant on the instant environmental assessment report, and on the grounds that the instant application is not desirable in environmental respect as follows. Considering the geographical characteristics of the instant project, the impact of the instant application on the slicker, a major ecological axis, and the surrounding natural environment, location is not desirable for the following reasons. (The first project site is a food conservation class 3.

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