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(영문) 대전지방법원 2020.07.02 2019구합105282
개발행위불허가처분취소
Text

1. On April 30, 2019, the Defendant’s revocation of each application for permission for development activities with respect to each of the Plaintiffs shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On August 14, 2018, Plaintiff A obtained a license for an electric power generation business from the Chungcheongnam-do Governor with the content of operating solar power generation business (each of the facility capacity 899.91KW, supply voltage 22,905, frequency 60Hz, hereinafter “instant business”) in the west-gun, Chungcheongnam-gun, west-gun, west-gun, west-gun on September 19, 2018.

B. On December 2018, Plaintiff A filed an application with the Defendant for each development permit with respect to the installation of solar power facilities (hereinafter “instant application site”), around 2018, with respect to the area of 13,830 square meters in the 14,860 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, for each of the following reasons: (a) Plaintiff B filed an application with the Defendant for each of the development permit with respect to the installation of solar power facilities (hereinafter “instant facilities”).

(hereinafter referred to as “instant application”). C.

On February 2019, the Plaintiffs had gone through a small-scale environmental impact assessment consultation procedure on the instant application, and submitted a plan for measures reflecting the contents of the consultation in the process.

On April 30, 2019, the Defendant rejected each of the instant applications against the Plaintiffs on the following grounds:

(hereinafter collectively referred to as “instant disposition”. Review of the criteria for permission for development activities pursuant to Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56(1) of the Enforcement Decree of the National Land Planning Act (attached Table 1-2 of the Enforcement Decree), based on the review of the criteria for permission for development activities, that the buildings or structures constructed or installed as a result of the relevant development activities in the surrounding area shall not damage the natural scenery and aesthetic view of the surrounding area, including F, and that the surrounding area of the project application may damage the scenery and aesthetic view of the relevant area and its surrounding area, by air pollution, water pollution, soil pollution, noise, vibration, vibration, dust, dust, dust, etc.

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