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(영문) 전주지방법원 2019.04.10 2018구합1258
개발행위불허가처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details and details of the disposition;

A. On December 2017, the Plaintiff filed an application with the Defendant for permission to engage in development activities (hereinafter “instant application”) with respect to installation of solar power facilities (hereinafter “instant facilities”) on the ground of the 3,664 square meters wide (hereinafter “the instant application site”), a natural green area, in order to build solar power facilities (hereinafter “instant facilities”).

B. On January 24, 2018, the Jung-Eup Urban Planning Committee (hereinafter “Urban Planning Committee”) deliberated on the instant application from January 24 to 25, 2018 (hereinafter “First Deliberation”); ① there are two tunnels in the planned area for the instant project; ② there is a urgent need for the end-of-life compensation topography; ② when the site for solar power generation facilities is constructed, soil erosion is changed so as to cause danger to the passing vehicle if soil erosion occurs; ③ if soil flow flows, the risk of the accident is high; ④ the improvement plan and landslide prevention measures are needed; ④ the improvement plan and landslide prevention measures are to prevent soil outflow; and the Plaintiff requested the Plaintiff to supplement the establishment of the improvement plan and landslide prevention measures.

C. The Plaintiff established a drainage improvement plan and landslide prevention measures in accordance with the request made by the urban planning committee to supplement the urban planning committee, and submitted a proposal for reexamination, but the urban planning committee failed to conduct a review on February 21 through 22, 2018 (hereinafter “the review of this case”), on the grounds that (i) it is necessary to conduct a base investigation; (ii) it is necessary to install a storm fences; (iii) there is a risk of a flood or typhoon accident; (iv) it is inappropriate as a solar installation site; (v) it is not suitable as a solar power panel, columns, etc.; and (vii) it is limited to supplementation; and (vii) it is highly dangerous to a disaster.

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