전기사업(태양광)불허처분취소 청구의 소
1. On February 28, 2017, the Defendant’s disposition of non-permission to operate the electricity business with respect to the Plaintiffs is revoked.
2...
1. Details of the disposition;
A. On January 25, 2017, in order to install solar power generation facilities on the ground (hereinafter “instant application site”), the Plaintiffs: (a) divided the application area of the Plaintiff Company No. 11,598 square meters and the amount of power generation into 11,598 square meters and the amount of electricity generation; (b) the application area of the Plaintiff Company No. 11,890 square meters and the amount of electricity generation; (c) the amount of the application area of the Plaintiff Company No. 11,890 square meters and the amount of electricity generation; (d) the application area of the Plaintiff Company No. 11,896 square meters and the amount of electricity generation; (e) 5,518 square meters and the amount of electricity generation generated by the Plaintiff Company No. 48kW on April 8, 498 (hereinafter “instant application”).
B. On February 28, 2017, the Defendant issued a notice of non-permission regarding the instant application (hereinafter “instant disposition”) to the Plaintiffs on the following grounds.
1. The filing of an application for the electricity business license is located within 7 national highways and 200 meters, and thus, it is not subject to the license pursuant to Article 2(1) of the “Guidelines for Operation of Permission for Development Activities of Young-gun”. 2. Although the electricity business license is possible to implement the electricity business according to the plan on the grounds of the planning, it is an area inappropriate for development activities, as a result of the relevant legal review, as it is an area in conformity with the conditions of development activities, such as line development activities and individual laws, but even if the permission is obtained, there is no possibility that the electricity business will be conducted as a plan because it is difficult to realize solar power generation, and there is no possibility that the electricity business will be conducted as a plan (in short of Article 7(5)2 of the Electric Utility Act)
2. Whether the instant disposition is lawful
A. The Defendant asserted that the Plaintiff’s assertion 1) is not a legitimate ground for disposition, and the instant application is based on the operation guidelines for permission for development activities of Yeongdeungpo-gun (hereinafter “instant guidelines”).
) Article 2(1)2 of the Act (hereinafter “instant provision”)
under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).
set forth in section 1.2.