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(영문) 춘천지방법원 2015.11.04 2015가합5552
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 2003, Non-party Hongcheon Power Development Co., Ltd. (hereinafter “Non-party company”) planned to construct a small number of power plant (hereinafter “the instant power plant”) with facility capacity of 2,940K at the facility capacity at KRW 371 river in Gangnam-do, Hongcheon-gun, Hongcheon-ri, Nam-ri, 371 river in the Namcheon-do and 52-1 forest and field.

B. Accordingly, the non-party company obtained a permit for an electricity generation business from Gangwon-do on March 15, 2004. On August 12, 2004, the non-party company obtained a permit for conversion of a mountainous district (area 7,350 square meters) from the Hongcheon National Forest Management Office under the defendant, and on September 17, 2004, obtained a conditional permit for occupancy and use of rivers (area 159.7m, L=17-16m, L=51m, L=51m, B=4.6m, entry bridge: L=6m, H=4.0m, H=4.0m, diving bridge: L = 119.2m, and H=3.0m) from the plaintiff on October 28, 2004, and obtained a permit for the implementation plan for the construction project of this case from the plaintiff on June 24, 2005.

C. Since then, on September 14, 2005, the non-party company obtained permission to occupy and use a road (480 square meters) from the plaintiff on September 28, 2005, permission to occupy and use a river (the area of 10,413 square meters) on September 28, 2005, permission to alter occupancy and use a river (the area of 10,413 square meters) on October 25, 2005, respectively (the total of the above permission 8,501 square meters, and the construction of the instant electric power plant was commenced on October 4, 2005.

However, on November 30, 2005, the head of the original regional environmental office is the plaintiff, and the "Act" is the "Act of the Framework Act on Environmental Policy" for the construction business of the instant power plant.

As a result of examining whether the project is subject to prior examination of environmental impact by the provisions of Article 25 and the attached Table 2 of the Enforcement Decree of the Act, even though the project is different from the authorization and permission

Even if each facility is linked, such as water intake table, water tunnel, power plant, etc., it is the time of final permission that is more than the area subject to prior examination of environmental impact.

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