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(영문) 광주지방법원 2015.09.10 2015구합417
개발행위불허가처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On November 28, 2014, for the purpose of creating a site for solar power generation projects to the Defendant, the Plaintiff limited company filed an application for permission to engage in respective development activities (construction of structures and alteration of form and quality of land) with respect to the land size of 824-25 Mod-1,576 square meters in the net city, and the Plaintiff limited liability company filed an application for permission to engage in respective development activities (construction of structures and alteration of form and quality of land) with respect to dry field energy of 1,576 square meters in the net city.

(hereinafter collectively referred to as “instant application”). On December 30, 2014, the Defendant rendered a non-permission disposition against the Plaintiffs on each of the following grounds:

(hereinafter collectively referred to as the “instant Disposition”). 1. There is a concern over impeding the surrounding landscape and aesthetic view

(a) The site for the application is the site for the waste salt in the Masan-si, most adjacent to the area of the Yancheon-do Welcheon-do Wetlands Protection, and is an area where excellent landscape resources are distributed to view various dynamics, plants, coastal landscape and tidelands, centering only on the net thousands. If artificial facilities are concentrated near the coastline near the coastline of the Yancheon-do, it was reviewed that the landscape and aesthetic view is damaged as a suspension of the continuity of natural landscape and that it is inappropriate to the urban ecological image, which is the symbol of the Yancheon-si and the urban ecological water;

B. In addition, we determined that the landscape management in consideration of regional specificity is necessary to protect the coastal landscape axis and excellent landscape resources, and to maintain the view of the net tideland area, which is an ecological asset in the Ycheon City.

C. Therefore, Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that “The actual conditions of the use of land in surrounding areas or the land use plan, buildings height, gradient of land, status of trees, water drainage, drainage of river, lake and marsh, etc. shall be in harmony with surrounding environments or scenery,” and Article 26142 of the Enforcement Decree of the former National Land Planning and Utilization Act shall be amended by Presidential Decree No. 26142, March 11, 2015.

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