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(영문) 춘천지방법원 2019.11.05 2019구합50814
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On September 11, 2018, the Plaintiffs filed an application for permission to engage in development activities with the content of changing the form, quality, etc. for the purpose of building a site for solar power infrastructure with a total of 6,640 square meters of a total of 9,967.1 square meters (a total of 1,047 square meters was divided on January 4, 2019) 200 square meters (hereinafter “instant application site”) with the Defendant on September 11, 2018.

B. On December 28, 2018, the Defendant rejected the risk of disasters, such as slope roads and drainage roads, as a result of the deliberation by the Incheon-gun Urban Planning Committee (hereinafter “Gun Planning Committee”) on December 28, 2018, and rejected development activities upon the Plaintiffs’ application.

(hereinafter “instant disposition”). C.

In February 2019, the Plaintiffs filed an objection against the instant disposition with the Defendant, but the Defendant notified the Plaintiff on March 15, 2019 that “it shall not be subject to retrial due to the matters rejected by the Military Planning Committee.”

【Non-contentious facts, Gap evidence Nos. 1, 2, 3, 5 (including branch numbers in the case of provisional evidence), Eul evidence No. 1, and the purport of the whole pleadings

2. The plaintiffs' assertion

A. When rendering the instant disposition, the Defendant did not fully state any problem in the instant application. The Defendant did not fully state the specific grounds therefor.

B. The average gradient of the filing site of this case meets the standards of the former Ordinance on Gun Planning, 19∑ 19, and the former Ordinance on Gun Planning.

The application of this case is categorized as “the whole,” and its ground has been fully improved because the land category has been cultivated as farmland for a long time, and its business has been conducted using the present topography as it is, so there is no problem in terms of disaster or environment since it does not occur.

The application form of this case is not the form and concentration of birds, trees, etc., but the land, other than mountainous districts, which does not fall under the excellent farmland and thus has little value of preservation, and there is no risk of environmental pollution or danger due to development activities, and the plaintiffs consent to all nearby residents.

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