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(영문) 광주지방법원 2018.02.08 2017구합10999
전기사업 및 산지전용 불허가처분취소
Text

1. The Defendant’s disposition of non-permission for the electrical business as of October 21, 2016 to the Plaintiffs and the conversion of a mountainous district on October 24, 2016.

Reasons

1. Basic facts

A. Each of the instant applications filed each of the instant applications with the Defendant on July 27, 2016, in order to operate the solar power generation business of the size stated in the column for “power generation” under the table below (hereinafter “the instant application site”), and on October 20, 2016, with the permission for conversion of a mountainous district on October 20, 2016 (hereinafter “the instant application site”), respectively, filed an application with the Defendant for permission for conversion of a mountainous district (hereinafter “the instant application site”).

(hereinafter referred to as “the instant application” in the entirety of the instant application for the license for the electric utility business and the instant application for the conversion of a mountainous district (Evidence A 1 and 2). F G A 3,669 1,8209.2 HJ 3,669 1,585 9.2 IJ C 5,554 1,754 1,7259 2 G 3,669 2,554 264 5,541,554 JD 5,541,8169 2 LJE E5,5542,542,000 LJJ 5,5542,002,0139 2.

B. Each of the instant dispositions, on October 21, 2016, the Defendant rejected the application for permission for the instant electric utility business on the grounds delineated below (hereinafter “instant disposition of non-permission”), and rejected the application for permission for the conversion of the instant mountainous district on October 24, 2016.

(A) The application for permission for the diversion of a mountainous district in this case did not satisfy the criteria for permission for the diversion of a mountainous district (Article 18(1)8 of the Mountainous Districts Management Act) to minimize damage to natural scenery (Article 18(1)8 of the Mountainous Districts Management Act). Article 7(1)1 of the Enforcement Decree of the Mountainous Districts Management Act (Article 20(6) [Attachment 4] that the application for permission for the diversion of a mountainous district in this case, o, did not meet the criteria for permission for the diversion of a mountainous district in this case (Article 18(1)3 of the Mountainous Districts Management Act) - The application for permission for the diversion of a mountainous district in this case, - the application for the diversion of a mountainous district in this case, is located within 200 meters in a straight line from the main roads of the application site in this case.

1. (e);

-related -.

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