logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.05.16 2018구합51599
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 August 29, 2017, the Plaintiff obtained a license for an electricity business for the solar power generation business of 2,004kW with the facility capacity of 2,004.48kW from the Do governor of the Gyeongnam-do (hereinafter “instant application site”).

B. On September 14, 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities for solar power generation business (hereinafter “instant development activities”) with respect to the 15,952 square meters (around 11,33 square meters) in the instant application site (hereinafter “instant application”).

On April 30, 2018, the Defendant rejected the instant application for the following reasons.

(hereinafter referred to as “instant disposition”). Non-permission of development activities - The urban planning review decision of the Ministry of Land, Infrastructure and Transport that is inconsistent with the criteria for permission for development activities under Articles 56 and 58(1)4 of the National Land Planning and Utilization Act - the surrounding landscape is likely to be damaged due to the installation of steep slopes, and the non-consultation of permission for conversion of mountainous districts (non-permission) which is inappropriate to the place where solar power infrastructure is installed in close vicinity to the road (civil petitions and-22122 ( April 20, 2018) - As preserved mountainous districts (forest areas for forestry) under the Management of Mountainous Districts Act to be diverted, it is possible to obtain permission for conversion of mountainous districts to meet the criteria for permission for conversion of mountainous districts. As a result of on-site verification, C was a national road connected to roads, which is currently utilized as local roads, and the area of application is composed of steep slopess, and some parts are excluded from the first steep slope, but the natural landscape risk ratio still exceeds 20∑ 308%.

Therefore, Article 18 of the Mountainous Districts Management Act and Article 20 (6) of the Enforcement Decree of the same Act shall not terminate natural landscape.

arrow