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(영문) 광주지방법원 2019.11.28 2019구합12661
개발행위허가신청 불허가처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As pointed out in a small-scale environmental impact assessment report, including the details of the disposition, the land subject to the project is located in the upper stream of the water source protection zone. The land subject to the project has good water quality of the lower-class labor stream and thus requires the prevention of water pollution due to large-scale industrial sites, which is class 2 of the ecological and natural map; the implementation of the project is likely to cause excessive damage to forests and cause excessive damage to the surrounding environment at the time of the implementation of the project; and there is concern that the damage of landscape that could not be harmonized with the surrounding environment is likely to occur in the area directly viewd from the road due to steep slope, and on January 20, 2017, the Plaintiff filed an application with the Defendant for permission of development for the purpose of constructing five new construction sites of the same 8,448 square meters and 5 square meters, which are the facilities related to the same plants, on the ground of the 36,247 square meters of the surrounding land (hereinafter referred to as the “instant application site”); and the Defendant filed the aforementioned application for non-permission on April 9, 2019,

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was made in deviation from and abuse of discretionary power.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination is based on the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Article 58 (1) 4 of the Enforcement Decree of the same Act provides that one of the criteria for permission for development activities "whether a building or structure constructed or installed as a development activity is in harmony with the surrounding environment or landscape, such as the actual status of land use in surrounding areas or the land utilization plan, height of the building, gradient of land, status of trees, water drainage, drainage of water, and drainage of river, lake, wetlands, etc.," and attached Table 1-2 of Article 56 (1) of the Enforcement Decree of the same Act does not damage the surrounding natural scenery and aesthetic view, and the height, form, and color thereof shall

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