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(영문) 대구지방법원 2019.05.01 2018구합25013
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The details of the disposition are mutually agreed upon between the plaintiffs, each of the plaintiffs, AB M CND ND P P CR HH I T

A. On July 24, 2018, the Plaintiffs, who are engaged in electric and solar power generation businesses under the following trade names, filed jointly with the Defendant an application for permission to engage in development activities to install solar power generation facilities of 2,161.8kW on a power generation capacity of 2,161 square meters (hereinafter “instant application site”) among 42,917 square meters in Yong-gun, Young-gun (hereinafter “Jri”) K forest 42,917 square meters (hereinafter “Jri-gun”).

(hereinafter “instant application”). (b)

On October 12, 2018, the Defendant sent a notice to the Plaintiffs on the ground that “(i) the Daegu Regional Environmental Office in which the instant application is filed, examined a small-scale environmental impact assessment report, and sent a reply with the assent of all Justices (Grounds for Disposition 1); (ii) the access road according to the development scale was not secured (Grounds for Disposition 2); and (iii) the guidelines for operating the permission for development activities of Yong-gun (hereinafter “instant guidelines”) restrict the permission for development activities within the limit of 200 meters in straight line from the access roads determined as railroad facilities (Grounds for Disposition 3).”

(hereinafter “Disposition of this case”). 【Ground for Recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 3

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The Daegu regional environmental office responded to the defendant with the opinion of the Ministry of Environment on the ground that the location of the project of this case is not appropriate because the environmental adverse impact is expected to be high. However, this goes beyond the authority of the head of Daegu regional environmental office under the Environmental Impact Assessment Act, and the defendant does not have a duty to comply with the request. Nevertheless, the defendant's disposition of this case based on the opinion of the head of Daegu regional environmental office's vice versa was unlawful (Chapter 1) and thus, the head of Daegu regional environmental office damages excessive vegetation and topography as the project of this case.

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