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(영문) 광주지방법원 2020.11.12 2020가합51551

구성원으로서의 지위 확인

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All of the plaintiffs' lawsuits of this case are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A, B, C, D, E, G, H, L, J, N, and F engaged in sun-dried salt production in Q salt farms located in the former Young-gun Pump (hereinafter “instant salt farm”), and the Plaintiffs are those registered as residents in Young-gun P or R prior to September 2019.

B. The Defendant is a legal entity established on August 29, 2019 for the purpose of having its address in Yong-gun, Young-gun, and operating other power generation business, such as solar power generation.

C. On February 6, 2020, the Defendant filed an application for permission to engage in development activities (construction of structures and alteration of form and quality of land) with the Mine-gun for installation of fixed solar power generation equipment on the land of T, U, V ground 10,228 square meters (hereinafter “instant project site”).

[Reasons for Recognition] The facts without dispute, Gap 1 to 3 evidence, Gap 5 to 7 evidence, and the fact-finding reply to the Young-gun of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiffs were those who had engaged in sun-dried salt production business by leasing the instant salt farm, and at this point W Company lost its livelihood base at the wind to build solar power plants (hereinafter “instant power plant”).

The purpose of this Act is to facilitate the development of electric power resources, promote the smooth operation of electric power plants and contribute to regional development by efficiently carrying out assistance projects to the neighboring areas of electric power plants and promoting people's understanding of electric power business from the Mine-gun.

"Egressing area" in this Act means an electric power plant (excluding multi-purpose dams under the Act on Construction of Dams and Assistance, etc. to their Environs, and power plants below the facility capacity prescribed by Presidential Decree by type of power sources; hereinafter the same shall apply) that an operator of the electric generation business under subparagraph 4 of Article 2 of the Electric Utility Act (hereinafter referred to as "operator of the electric generation business") operates, constructs, or is scheduled to construct.