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(영문) 광주지방법원 2019.12.12 2019구합10139
개발행위불허가처분취소
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Details of the disposition;

A. On February 12, 2018, the Plaintiff obtained permission for the installation of solar power facilities from the Defendant on February 12, 2018, with respect to the electric generation business on solar power generation business on the 11,901 square meters of B forest in Jeonnam-do, Jeonnam-do, and applied for permission for the installation of solar power facilities to the Defendant around March 2018 (hereinafter “the first application site in this case”).

(hereinafter referred to as “the primary application of this case”). B.

The Defendant requested a deliberation of the instant first application to the Fulldo Urban Planning Subcommittee (hereinafter referred to as the “Committee”). On May 25, 2018, the Committee made a decision to review the instant first application on the ground that: (i) preparation of damage measures to fish farms at the bottom due to earth and sand outflow; and (ii) reinforcement of collection functions.

C. On July 31, 2018, the commission rejected the first application of this case on the ground that the construction of solar power infrastructure in the neighboring area could cause damage to neighboring fishing rights due to soil and sand outflow (including damage to fishing rights (2017) due to the construction of solar power infrastructure in the neighboring area), and ② improper deliberation on the prevention facilities for contamination and drainage measures.

On September 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the installation of solar power infrastructure with respect to 2,457 square meters (hereinafter “the second application site in this case”) among the forest land B in Jeonnam-do, Jeonnam-do.

(hereinafter referred to as "the second application of this case". The first and second applications of this case are referred to as "each of the applications of this case". E

The Defendant requested the Committee to deliberate on the instant secondary application. On November 22, 2018, the said Committee is likely to cause damage to the aquaculture and marine fishery rights due to the soil and sand outflow in the event of the concentration of landscape forests and forests, and ② existing roads (road construction completion inspection is completed or the commencement of use is completed) and the vehicle access is not connected to roads on land category.

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