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(영문) 대구지방법원 2014.12.10 2013구합2213

사용전검사필증에 대한 무효통지처분 무효확인 등

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1. On October 13, 2009, the Defendant is located in the solar power infrastructure and D located in Gyeongcheon-gun C, Gyeongcheon-gun, one of the Plaintiffs.

Reasons

1. Details of the disposition;

A. Plaintiff A operates H, which is the place of power generation of new and renewable energy in Gyeongcheon-gun E, F, and G, and Plaintiff B, which is the place of power generation of new and renewable energy, D and I, respectively.

(hereinafter referred to as “instant power plant”) H and J. B.

The Energy Management Corporation (hereinafter referred to as the "New and Renewable Energy Center") was established as an affiliated institution of the Energy Management Corporation for the purpose of using and managing new and renewable energy pursuant to Article 31(1) of the former Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (Amended by Act No. 10253, Apr. 12, 2010; hereinafter referred to as the "former New and Renewable Energy Act") and Article 29 of the former Enforcement Decree of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (Amended by Presidential Decree No. 22382, Sept. 17, 2010; hereinafter referred to as the "former Enforcement Decree of the New and renewable Energy Act").

C. On February 16, 2009, the Plaintiffs filed an application for confirmation of the selection of the annual base price applicable facilities with the new and renewable energy center after obtaining permission to engage in an electricity generation business from the Mayor/Do Governor. On May 19, 2009, the new and renewable energy center filed an application for confirmation of the installation of power generation margin support facilities with the Plaintiffs on May 19, 2009 and August 18, 2009, the designation of the annual base price applicable facilities is revoked.

On August 14, 2009, the Plaintiffs filed an application with the Korea Electrical Safety Corporation for pre-use inspection of the instant electric power plant pursuant to Article 63 of the former Electric Utility Act (amended by Act No. 11690, Mar. 23, 2013). K, which belongs to the Gyeongbuk-do Vice Governor of the Korea Electrical Safety Corporation, conducts an inspection of the electric installations of the instant electric power plant, and on August 17, 2009, Korea Electrical Safety Corporation issued a pre-use inspection certificate under the name of the Korea Electrical Safety Corporation, stating the determination of “qualified” with the Plaintiffs.