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(영문) 서울고등법원 (춘천) 2021.02.01 2020누621
전기사업(태양광발전)허가 신청 반려처분취소
Text

The judgment of the first instance is revoked.

2. On January 3, 2020, the Defendant’s permission for each electricity business (solar power generation) against the Plaintiffs.

Reasons

1. 4. Determination from “1. History of Disposition” in the reasoning of the judgment of this court which partially accepted the judgment of the court of first instance;

B. The part of the grounds of the judgment of the court of first instance (from 16th to 8th, 14th to 20th) is identical to the corresponding part of the judgment of the court of first instance (from 16th to 8th, 14th to 20th), and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, as it is, inasmuch as the pertinent part of the judgment of the court of first instance, is identical to the corresponding part of the judgment of the court of first instance (from 2th to 8th, 16th to 20th

The "production (use)" in the fourth sentence of the judgment of the first instance shall be added to "production or use" in the fourth sentence of the judgment.

The fourth letter box of the judgment of the court of first instance, "as to the permission of the electricity business" in the 10th 10th following the judgment of the court of first instance, shall be applied "as to the permission of the electricity business".

Article 89-2 of the first instance judgment provides that “..... (........... under the former Business Act)” shall be construed as “(..... the type, system, or text of the foregoing provision is considered.........”

Defendant “” of the 11st half of the judgment of the first instance shall be appointed to “Defendant”.

Up to 7 lines from the "Electric Business Act" of 6th half of the judgment of the first instance shall be applied as follows:

【In order to satisfy the criteria for the electric utility license under Article 7(5)2 of the Electric Business Act, “the electric utility business can be carried out in accordance with the plan,” it is difficult to view that the operator of the electric utility business should be able to obtain other necessary authorizations under the relevant statutes.

[No. 3] “(No. 3)” in the first instance judgment 7th 2th e.g., “(No. 3).”

The "in light of the fact" of the 8th 3rd judgment of the first instance court shall be applied to "in light of the fact".

The former Business Act (amended by Act No. 17170, Mar. 31, 2020) (hereinafter referred to as the “former Business Act”) shall be amended to 14th century.

The following parts shall be added below the 15th judgment of the first instance and the 17th judgment:

【Electric Business Article 7 (Electric Business)

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