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(영문) 대구지방법원 2020.10.08 2019구합25300
개발행위불허가처분취소
Text

All of the plaintiffs' lawsuits are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. On April 20, 2018, the Plaintiffs obtained permission from the Defendant to generate electricity on the solar power generation business for setting up electric installations of each facility capacity of 99.36kW on each of the 28,332 square meters (hereinafter “the instant application site”) on the Gyeong-gun, Chungcheongnam-gun and one parcel other than 1,000 square meters (hereinafter “instant application site”).

(hereinafter “instant project”). (b)

On July 31, 2018, the Plaintiffs filed an application for permission for development activities to install solar power facilities on a 9,635 square meters in the instant application site, and to change the form and quality of the entire area of the instant application site (28,332 square meters).

(hereinafter referred to as “instant application”). C.

On August 10, 2018, the Defendant requested the head of Daegu Regional Environment Office to consult on a small environmental impact assessment on the instant project, and the head of Daegu Regional Environment Office sent his/her opinion to the Defendant on December 21, 2018 with the following content:

The project target area is an agricultural and forest area where the 39.6% of the site is the land for the conservation purpose, and 70.7% is the food conservation area, and 63.2% (at least 15∑ and 73.4%) of the sloped area with a gradient of 20∑ or higher is 63.2% (at least 15∑ and 73.4%). In the event of implementation of the project, such as the form of statutory protection species, such as flood, yellow, etc., it is highly damaged and the ecosystem is damaged - In particular, it is located on the west side of the regional ecological axis developed by South and North Korea from the notice of 487.1m on the south side of the site, and it is likely to reduce the connection of the green area and cause the development of the mountainous area.

B. In addition, as a plan to create a site with a total of 2,602 forest damage and 80 m difference, earth capacity of 38,484 cubic meters, maximum filled-up volume of 4.0m water, which is likely to have an adverse impact on neighboring water system due to the outflow of soil and sand following the removal of balve vegetation and topsoil.

C. Therefore, it is expected that the environmental adverse effects, such as the adverse effects on animals and plants, the development of mountainous districts, soil loss, water pollution, etc. caused by excessive topography and damage to the ecosystem, are likely to be significantly high.

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