건축허가사항변경 불허가처분 취소의 소
1. On November 15, 2018, the Defendant’s refusal to grant permission to the Plaintiff is revoked.
2...
1. Details of the disposition;
A. B Co., Ltd. (hereinafter “B”) is the largest shareholder of the Plaintiff, who is operating a total of 423.569M facilities located in Gunsan City with the permission of an integrated energy project from the Ministry of Trade, Industry and Energy on April 27, 2005.
From around September 2016, the Plaintiff was licensed to generate electricity by the Minister of Trade, Industry and Energy on September 29, 2017, the Plaintiff promoted the F-power generation business (a scale of 100W x 1; hereinafter “instant power generation business”) using wood pellets as its main fuel, from 54,575 square meters in the E-Industrial Complex D located in the neighboring Gunsan-si, Sinsan-si.
B. Around October 2016, the Plaintiff requested the Defendant to present his/her opinion on the instant electric generation business, and on October 13, 2016, received an official document including the following from the Defendant.
3. In the Plaintiff’s sale of a site (G) owned by the Gunsan City adjacent to the prospective site for the construction of the instant power plant, and the scheduled construction of the hotel, resort, container, etc. in the future, the main time is to actively cooperate with the Plaintiff’s ownership site (D) determined as an urban planning facility in relation to the unclaimed road section in the city planning facility;
4. It shall be known that the construction project of electric power plants shall be promoted in accordance with the relevant Acts and subordinate statutes for the stable supply and demand of electric power in the E industrial complex, and shall actively cooperate in the implementation of administrative procedures, such as authorization and permission, etc.
C. From September 2017 to November 201, the Plaintiff had a consultation on the environmental impact assessment with the Ministry of Trade, Industry and Energy regarding the instant electric generation business. During that process, the Plaintiff presented that the raw materials used in the instant electric power plant shall be wood pellets, but the ratio of use of wood pellets among the raw materials used in the existing power generation facilities in B, to the extent of 20% existing or 50% to 70%, thereby reducing the total amount of air pollutants in the military mountain area.