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(영문) 창원지방법원 2019.10.17 2018구합713
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On January 23, 2018, the Plaintiff obtained from the Defendant a license for the electric power generation business with the amount of power generation as 95.04 km, the business site, and the amount of power generation from the Defendant.

B. On March 8, 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power infrastructure on a 1,991 square meters of C forest land 53,917 square meters (hereinafter “instant application site”).

C. On June 5, 2018, the Defendant rendered a disposition rejecting development activities on the following grounds to the Plaintiff:

(hereinafter “instant disposition”). Grounds for non-permission

1. Determination on the occurrence of environmental pollution, destruction of ecosystem, or damage to the relevant area and its surrounding area due to development activities that do not conform to the criteria for permission for development activities (Article 58 of the National Land Planning and Utilization Act, Article 56 of the Enforcement Decree of the same Act, and Table

(a) The determination that timbering of trees for the installation of solar power facilities may cause damage to surrounding areas, such as soil erosion, destruction of aquatic ecosystems, collapse of surface, etc. due to the occurrence of soil erosion, and collapse of gracks;

(b) Cut-off of green areas and ecological damage to animals and plants due to the extinction of a tree area;

(c) Noise damage, dust dust damage, and damage to natural scenery at the time of construction works, and minoration with surrounding areas;

2. Receipt of a written objection by 34 residents of a village who dissent from the construction of solar energy in a group of village residents.

(a) Access roads to the construction site, landscape damage, damage to farming roads due to the passage of heavy equipment, risk of accidents, etc.;

(b) Damage to the land below the valley due to the storm and sand erosion and soil erosion at the time of a heavy rain, the occurrence of landslide, and the increase of temporary flow quantity, such as damage to the land below the valley, a salt farm, and concerns over damage to the farm and the c

(c) The fact that there is no dispute over the grounds (based on recognition), such as snow depth due to solar fluorescent, land fall due to electromagnetic wave damage, groundwater pollution due to chemical substances used in cleaning the panel, environmental destruction due to the extinguishment of animal habitats, etc. (based on recognition), Gap 2, Eul 1, and the purport of all pleadings;

2. Whether the disposition of this case is legitimate;

A. Taking into account the circumstances indicated by the Plaintiff’s assertion.

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