logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.06.01 2016구합12196
전기사업(태양광)허가 신청에 대한 불허가처분취소 청구의 소
Text

1. On July 1, 2016, the location and area of the power plant as indicated in the attached Table 1 that the Defendant rendered against the Plaintiffs, respectively.

Reasons

1. Details of the disposition;

A. On May 18, 2016, the Plaintiffs filed an application for each of the instant applications (hereinafter referred to as “each of the instant applications”) with respect to each of the land in the “location and cadastral area of the power plant” as indicated in the attached Disposition List No. 1 (hereinafter referred to as “each of the instant applications”) with respect to the Defendant, in order to install each solar power plant corresponding to the “power” column in the attached Disposition List No. 1.

B. However, on July 1, 2016, as a result of the review by the relevant statutes and relevant agencies, the Defendant issued a notification that permission for the electricity business (so-called “each of the instant dispositions”) was non-permission on each of the instant applications with the following major grounds (hereinafter “each of the instant dispositions”). A.

The relevant site is not in conformity with Article 20-2(1)1 and (1)2 of the Ordinance on the Management Plan of the Burial-gun, which provides for distance restriction provisions by entering the Gun roads and 484m, national highway H, 419m, 10m, and 38m away from the Gun roads and 48m;

B. Although the electric utility business license can be granted to carry out the electric utility business as planned, the conditions, such as the development activities and the individual laws, can be met. However, as a result of the examination of the related laws, since the result of the examination of the related laws, the possibility of executing the electric utility business is an area inappropriate for development activities, so even if the permission for the electric utility business is obtained, it is not possible to carry out the electric utility business as planned (hereinafter referred to as “reasons for Disposition 2”), and there is no dispute over the non-conformity of Article 7(5)2 of the Electric Utility Act (hereinafter referred to

2. Whether the disposition is lawful;

A. Considering the necessity of the Plaintiff’s assertion solar power infrastructure and the tendency of the government to alleviate the regulation on solar power generation under the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy, Article 20-2(1)1 and 2 of the Ordinance on the Management Plan of Heung-gun (hereinafter “instant Ordinance”) which served as the basis for each of the instant dispositions (hereinafter “instant Ordinance”).

arrow