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(영문) 춘천지방법원강릉지원 2019.10.31 2019구합30066
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 May 23, 2018, the Plaintiffs obtained a license for the electric generation business for solar power generation for solar power generation from the Defendant on the basis of the facility capacity 997.92kW with respect to Gangwon-gun C.

B. Since then, the Plaintiffs filed an application with the Defendant for permission to engage in development activities for the installation of solar power infrastructure with respect to 23,697 square meters (hereinafter “instant project site”) among 63,174 square meters of the said C forest and fields.

(2) Article 58(1)4 of the National Land Planning and Utilization Act (hereinafter “instant application”) provides that “The instant application for permission to engage in development activities for solar power plant construction.” This case is merely a matter of permission for development activities for solar power plant construction. According to Article 58(1)4 of the National Land Planning and Utilization Act, development activities may be permitted only when they harmonize with surrounding environment or landscape by determining the actual use of surrounding areas, land use plan, gradient, water drainage, and flood condition, etc. However, an excessive change in topography due to cutting (187,463 metres) and filling (6,581 metres) on the project plan is anticipated to occur, and it is difficult to secure the total amount of the project plan without entering the existing plan to use 30,000 square meters as it is difficult to predict because the final drainage district is planned for the installation of solar power plant construction project, and it is likely that the project plan will be implemented without entering the existing plan to use 50,000 square meters of land, including ED up to 63,174 m20.

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