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(영문) 청주지방법원 2017.09.21 2017구합1488
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 March 15, 2016, the Plaintiff, a corporation established for solar power generation projects, etc., filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) to construct solar power facilities (hereinafter “instant facilities”) on the ground of 17,117 square meters of 5,000 m27,074 square meters of Gongyang-gu, Seoyang-gu, Seoul (hereinafter “instant application site”).

B. On November 1, 2016, the 3rd City Urban Planning Committee under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) of 2016, the application of this case was filed in accordance with the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) (i) most of the relevant site was a steep slope on the ad hoc map, and thus, the construction works would collapse, earth and sand erosion, risk of disaster, environmental pollution, concern over environmental pollution, ② prejudice to the landscape of the entrance of the adjacent 2 village, road, river, and risk of damaging natural landscape, ③ damage to the natural landscape due to the installation of a structure, and (ii) the construction of a structure would have an adverse impact on the conservation of the access road and the surrounding environment of the self-governing Party located in the vicinity, and the Defendant notified the Plaintiff thereof.

C. Accordingly, in 2016, the fourth urban planning committee held on December 27, 2016 rejected a retrial on the grounds that “i) damage to the surrounding areas, natural scenery and aesthetic view, (ii) destruction of the ecosystem, environmental pollution, likelihood of danger and injury, and (iii) an area in need of conservation rather than conservation due to regional conditions,” and on January 3, 2017, the Defendant issued a disposition rejecting the instant application against the Plaintiff for the following reasons (hereinafter “instant disposition”).

The application place is a typical rural village of 50 to 500 meters in the vicinity of the rural village created a natural village of 50 to 500 meters and many farmland are distributed, so if solar power facilities are installed in the vicinity, it is not compatible with the actual use condition of the neighboring area or the surrounding landscape such as the land use plan.

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