logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.11.07 2019구합101433
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On June 20, 2018, the Plaintiff was licensed to engage in solar power generation business (facilities capacity 99.36KW, supply voltage 380V, frequency 60Hz) with the trade name of “C” from the Defendant in the Chungcheong budget-gun B land.

B. On September 2018, the Plaintiff filed an application with the Defendant for permission for development activities aimed at building structures and changing the form and quality of land for the purpose of installation of solar power facilities (hereinafter “instant facilities”) in order to install solar power facilities (hereinafter “instant facilities”) on one parcel, other than the above B land (hereinafter “instant application site”).

C. On November 28, 2018, the Committee on Budget and Planning held on Budget and Planning rejected the agenda relating to the instant application on the grounds that “the agenda was inappropriate for location conditions due to serious damage to scenery” and “the area of landslide 1 is included, and the risk of landslides is accompanied by excessive saving and banking.”

Although it should be in harmony with the surrounding environment or landscape, such as the actual use condition or land utilization plan in the surrounding areas under Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), it should be in line with the surrounding environment or landscape, such as the land use plan, etc., within 400 meters from the half of the application site, where 10 households are concentrated, and users using Do Do Do Do Do Do Do Do Do Do Do Do Do Do D are view most of the project site site, and it is difficult to achieve harmony with surrounding environment or landscape due to the difficulty in shielding solar power generation facilities due to its characteristics (hereinafter “reasons 1-2”). Article 56(1) of the Enforcement Decree of the National Land Planning and Utilization Act does not damage natural landscape and landscape pursuant to [Attachment 1-D 1-2] Standard for Permission of Development. However, the value of forest resources as Grade 2, vegetation 3 with the ecological and natural conservation of the project site is preferred, continuous forest damage is likely (hereinafter “damage 2.”).

arrow