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(영문) 청주지방법원 2018.11.22 2017구합3132
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 January 18, 2017, the Plaintiff filed an application for permission for development activities (hereinafter “instant application”) with the Defendant to conduct a project to create solar power facilities (hereinafter “instant project”) on the aggregate of 22,430 square meters in the area of 26,58 square meters among the area of 20,727 square meters in Chungcheongnam-do, Chungcheongnam-do, the conservation management area of which is 20,727 square meters, D previous 4,106 square meters in size, E preceding 1,210 square meters in size, and F preceding 5,58 square meters in size (hereinafter “instant application”).

B. As to the instant application, the Plaintiff completed a farmland diversion consultation on June 28, 2017, and a forest diversion consultation on August 17, 2017, respectively, and the Defendant submitted the instant application to the Military Planning Committee on September 19, 2017.

On October 17, 2017, the Gun Planning Committee rejected the deliberation on the instant application on the grounds that the plan for measures submitted by the Plaintiff alone was insufficient to take measures against the issues that may arise from the instant facilities. On November 9, 2017, the Defendant issued a disposition rejecting the instant application to the Plaintiff for the following reasons (hereinafter “instant disposition”).

The instant disposition grounds 1) In relation to an application for permission for development activities following the installation of a site for the installation of solar power facilities outside C and 3 lots, it is necessary to preserve the natural environment, forest protection and green space in accordance with Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act. However, 2) A neighboring G village and 20 meters away from neighboring G village, thereby damaging the natural landscape and fine view, thereby impairing the village landscape and harmony with the village building, and it is deemed inappropriate to grant permission for installation of a site for the installation of solar power facilities (solar power facilities) because it is determined that the risk risk of soil outflow and sand outflow at the time of centralized rain is high.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said administrative appeals commission dismissed the Plaintiff’s claim on December 27, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 respectively.

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