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(영문) 대구지방법원 2019.08.29 2019구합20459
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 August 28, 2018, the Plaintiff obtained a license for electric power generation business concerning solar power generation business (hereinafter “electric power generation business in this case”) with the name of “B” from the Defendant with respect to the land in Yeongdeungpo-si (hereinafter “instant application site”), the facility capacity of 1,00km, and the installation area of 21,000 square meters.

B. On April 2018, the Plaintiff filed an application with the Defendant for permission to engage in development activities to install solar power plants (hereinafter “instant power plant”) in the instant application site.

(hereinafter referred to as "the application of this case"). (c)

On May 8, 2018, the Defendant requested the head of the Daegu Regional Environmental Office to hold consultation on the small environmental impact assessment under the instant application (hereinafter referred to as “instant environmental impact assessment”). On August 21, 2018, the head of the Daegu Regional Environmental Office notified the Defendant of his/her consent to the said environmental impact assessment.

(hereinafter referred to as “the instant father’s consent”) D.

On December 12, 2018, the Defendant rendered a disposition rejecting the instant application from the Plaintiff on the ground that the head of the Daegu Regional Environmental Office notified the Plaintiff of the disapproval (hereinafter “instant disposition”), and the specific grounds therefor are as follows.

1) 84.9% of the area subject to the project consists of excellent forest vegetations in levels 3 to 4, and the steep slope ratio of at least 20 degrees of gradients is 43.8% and 62,189 cubic meters and maximum cut surface and ground damage is anticipated to occur when the project is implemented, such as the occurrence of 14.5 meters in the site, etc. In particular, forest felling and ground damage in steep slopes are likely to occur when there is a high possibility of a landslide due to soil loss and ground subsidence, and the possibility of a landslide in steep slopes is increased, and water quality is affected by increasing the possibility of the inflow of soil erosion adjacent to the reservoir. In addition, considering the characteristics of the location adjacent to the reservoir and located on the slope, it is likely that solar dumkes are considerably exposed from the village on the same side of the site, etc. to create landscape (Article 4).

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