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(영문) 광주지방법원 2015.09.24 2015구합11738
공사중지명령 취소
Text

1. The Defendant’s order to suspend construction works against the Plaintiff on June 9, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. B, including C business permission, etc. to B, obtained permission from the Do Governor on April 10, 2014 in order to operate a C business (hereinafter “instant business”) on the land outside the Do of Jeonnam-do, and obtained permission to engage in the construction of C facilities for the instant business (hereinafter “instant facilities”) and to change the form and quality of the instant business site from the Defendant on January 7, 2015.

B. The Plaintiff’s acquisition of the instant business and the Defendant’s authorization Plaintiff acquired the instant business from B around January 2015, 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 terms and conditions of the said license for the electricity generation business (hereinafter “instant license”) were as follows.

Conditions of License

8. With respect to civil petitions filed by interested parties, such as neighboring land owners, etc., by means of a prior explanation of projects, etc. to prevent and resolve civil petitions, such projects shall be implemented after resolving such civil petitions;

9. The permission may be revoked when the conditions of permission have not been fulfilled and any grounds for revocation have arisen under other Acts and subordinate statutes;

C. From April 2015, the Plaintiff’s commencement of construction work and the Plaintiff’s filing of a civil petition filed a civil petition against the Defendant on March 31, 2015, that the Plaintiff started construction of the instant facility, and on April 20, 2015, the Plaintiff filed a civil petition against the Defendant to oppose the installation of the instant facility, as follows: F, a resident of the Donam-do E Village located in the area adjacent to the instant project site; and H, the owner of the land located in the area adjacent to the instant project site; and the main contents of the civil petition are as follows.

On March 31, 2015, the instant project site for F’s civil petition is E village.

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