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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On September 12, 2013, the mobilization Soraco Co., Ltd. (hereinafter “culco”) obtained permission for solar power generation business (hereinafter “instant business”) from the Defendant on the ground of Article 7, etc. of the Electric Utility Act on the 67-15 ground of the Seodol 67-15, Incheon reinforced military drawings.
B. Paragraph (1) attached to the permission for the instant project provides that “If a person is subject to the permission for development activities, etc. prescribed by individual Acts and subordinate statutes, he/she shall implement the project after obtaining the permission for the act of facilities, and comply with the related review opinion” and Paragraph (6) of the same Article provides that “I will complete the project after resolving the pertinent civil petition with respect to civil petitions filed by interested parties, such as explanation of the project, etc. to prevent civil petitions due to the implementation of the project, and the neighboring land owners, etc., and will implement the project after resolving the pertinent civil petition.” The attached reinforcement military request states that “I shall obtain the permission for development activities at least 50cm in size and on packaging.”
C. According to the Plaintiff 3-6’s respective statements, although the “first solar power plant” is indicated as a transferee, considering the overall purport of the statements and arguments, the first solar power plant appears to be the same company as the Plaintiff.
(A) The Defendant, on the premise that the instant business operator is the Plaintiff, is the Plaintiff; hereinafter referred to as “Plaintiff.” The Defendant acquired the instant business from the mobilization Soraco and received the transferee from the Defendant on March 28, 2016, and received the instant business license issued on March 30, 2016.
The terms and conditions column of the above permit include “compliance with the conditions of the initial permit.”
On March 22, 2017, the Plaintiff reported the instant project construction plan and received notification of repair, and applied for extension of the construction period, and received notification of repair on April 26, 2017 (the extension by June 1, 2017).
E. The Plaintiff is the Plaintiff.