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(영문) 광주고등법원 2016.03.31 2015누6940

공사중지명령 취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the instant disposition

A. A. B, including the C Business License, to B, obtained permission from the Do Governor on April 10, 2014 in order to run the C Business (hereinafter “instant project”) in Jeonnam-do Do Da, K, L, M, N,O, and P (hereinafter “instant project site”). On January 7, 2015, the Defendant obtained permission to engage in the construction of C facilities for the instant project (hereinafter “instant facilities”) and the alteration of the form and quality of the instant project site from the Defendant.

B. The Plaintiff’s acquisition of the instant business and the Defendant’s permission conditions

8. The project shall be implemented after resolving civil petitions filed by interested parties, such as neighboring land owners, etc., with a view to preventing civil petitions through the implementation of the project, such as explanation of the project in advance as to the prevention and solution of civil petitions;

9. He may cancel the license when any condition of license is not fulfilled and any cause for cancellation under other Acts and subordinate statutes occurs.

On January 12, 2015, the Plaintiff acquired the instant business from B, and the Defendant, on February 12, 2015, issued an electricity generation business license to the Plaintiff while authorizing the Plaintiff’s acquisition of the instant business pursuant to Articles 10(1) and 98 of the Electric Utility Act and Article 62(1)1(c) of the Enforcement Decree of the same Act. The conditions of the license for the said permit for the electricity generation business (hereinafter “instant license”) were stipulated as follows.

C. The Plaintiff’s commencement of construction works and the filing of complaints by the residents of E, including E, F, etc., on March 31, 2015, are neighboring E villages, and the instant project site is likely to cause damage to dry field and crops, and thus, a civil petition filed by H on April 20, 2015, as the result of the Village Residents’ Meeting, is likely to cause damage to neighboring land price decline, concentrated flood, and the growth of crops, and thus, there is concern for property damage and environmental damage to neighboring residents of the instant project site.