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(영문) 광주지방법원 2015.11.26 2015구합10797
개발행위허가(공작물설치)처분의 무효확인 등
Text

1. The plaintiff F's action shall be dismissed.

2. All of the plaintiffs' primary and conjunctive claims are dismissed.

3...

Reasons

Basic Facts

The status intervenor of the parties is a legal entity established with the business purpose of wind power generation projects, etc., and the plaintiffs reside in and cultivate within 1 km from the place of application of this case as examined below, or own land within 1 km from the place of application of this case.

On May 15, 2013, the Defendant permitted the Intervenor to engage in the previous development activities with respect to the installation of wind power generation facilities (hereinafter “previous permission”) with respect to the size of 271 square meters and 4,952 square meters for the Intervenor, if the Intervenor was a person in the Yanananan-gun, Jeonnam-gun.

On April 2, 2014, the Intervenor filed an application for permission to engage in development activities (change) with the content of the previous permission to change the size into 79,890 square meters for wind power generation devices of 3,075kW (hereinafter “instant application”). On March 2, 2014, the Intervenor filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) with the content of changing the installation of a structure to 14th period for wind power generation devices of 3,075kW (hereinafter “instant application”).

Accordingly, on April 4, 2014, pursuant to Articles 44(2) and 72(1) of the Environmental Impact Assessment Act and Article 77(1)18 of the Enforcement Decree of the Environmental Impact Assessment Act, the Defendant requested consultations on small-scale environmental impact assessment of the instant project to a basin environmental office, which is the head of a regional environmental agency. The intervenor, on May 2014, prepared a small-scale environmental impact assessment and submitted the result to the Defendant.

(1) Around May 8, 2014, the Yeongsan River Environmental Management Office (hereinafter referred to as the “instant environmental impact assessment”) has noise and low-frequency noise with respect to nearby fixed temperature facilities (in the event of construction and operation of the instant project, independent house, stable, and forestry culture and recreation center, etc.).

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