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(영문) 춘천지방법원 강릉지원 2018.11.22 2018구합30304
개발행위불허가처분취소
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On August 17, 2017, the Plaintiffs obtained permission to engage in solar power generation business from the Defendant on the content of operating the solar power generation business at 5,950 square meters of Gangseo-si C Forest land (hereinafter “instant application site”) from the Defendant, and filed an application for permission to engage in development activities with the Defendant to install solar power generation facilities in the instant application site.

(hereinafter “instant application”). (b)

On May 25, 2018, after deliberation by the Urban Planning Committee, the Defendant rendered a disposition to reject the instant application for the following reasons (hereinafter “instant disposition”). A.

(1) Results of deliberation by the Urban Planning Committee: 1) Environmental pollution, destruction of ecosystem, or damage is caused as a collective form of trees (2) damage to the surrounding natural scenery and aesthetic view) due to the installation of a structure, and soil erosion has occurred to a steep slope with a green axis 3 steep slope.

(b) Nonconformity with the standards for permission for development activities: Relevant grounds, such as damage to natural landscape in the surrounding areas, reduction of green areas, risk of disaster caused by earth and sand outflow: Attached Table 1-2 of Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act, guidelines for operation of permission for development activities 3-2-4 (Relationship with Neighboring Areas) / [based on recognition] Class A, and the purport of the whole pleadings and arguments;

2. Whether the disposition is lawful;

A. In full view of the following circumstances of the Plaintiffs’ assertion, the instant disposition should be revoked as it constitutes an abuse of discretionary authority or beyond the bounds of its discretion.

1. In addition to development activities for solar power generation facilities, forest development for the installation of all artificial facilities causes problems such as natural scenery and fine view damage, so there should be reasonable feasibility and harmony for non-permission on this ground. The application in this case constitutes a production management area in which the construction of a factory is permitted, and the application in this case does not actively lead to forestry production.

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