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(영문) 대전고등법원 2021.02.05 2020누11150
개발행위불허가취소
Text

1. The plaintiffs' appeals against the defendant are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

claim. The purport of the claim.

Reasons

1. Facts of recognition;

A. On July 2018, the Plaintiffs filed an application for permission for development activities (hereinafter “instant application”) with respect to installation of solar power facilities on the ground of 28,732m2 (28,135m2 on the site for solar power generation facilities (597m2 on the site for a road with 28,135m2) (hereinafter “instant application”) and drafted a small environmental impact assessment report (No. 6 evidence), and a small-scale environmental impact assessment report (No. 12m2) with respect to the instant application. At the same time, the Defendant requested consultation with the relevant department, and requested consultation with the head of the Geum River basin environmental office on the small-scale environmental impact assessment report on August 2018.

On September 2018, the head of the Geum River basin environment administration included the part of the ridge of the mountainous district developed from the north side to the south side of the average gradient of 19.9∑ 19.9 and the project site in this case is likely to have an adverse impact on the forest habitat environment, such as the damage of excellent forest vegetation and the curtailment of ecosystem continuity when the project is implemented, and submitted a consultation on various detailed matters, such as air quality, noise, vibration, water quality, topography, landscape, animal and plant characteristics, eco-friendly circulation of resources (No. 2, No. 8). The main contents are as follows:

(1) In order to minimize the impact of water quality of a river system due to earth and sand outflow, etc., an settling site, low-flow site, a drain channel, etc. shall be installed in an appropriate size by drainage area, and a plan to create and operate a permanent reservoir which is flooded shall be examined, and an embankment, etc. shall be maintained and managed so that they can perform their functions by dredging at any time.

(2) In order to avoid leaving the part below sun-lights alone without leaving it alone and to minimize earth and sand outflow, it shall be installed, etc., such as planting of drinking water, macro-muffs, sun-solars with a water channel leading to the falling side of the sun-solars excellent.

(3) The ground arising from the reduction of forests and the suspension of natural ecosystem due to the development, which has an adverse impact on landscape and is excessive in raising the ground.

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