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(영문) 수원지방법원 2017.09.12 2016구합67036
전기사업 불허가처분 취소
Text

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 April 22, 2016, the Plaintiff filed an application for permission to install solar power generation facilities (hereinafter referred to as “application for permission of this case”) in solar power generation facilities (area 23,140 square meters, capacity of equipment: 96km, power generation voltage: 22,905 square meters, installation method: hereinafter referred to as “instant power generation facilities”) with the Defendant, located in the development-restricted zone pursuant to Article 7(1) of the Electric Utility Act, in a luminous-si located in the development-restricted zone pursuant to Article 7(1) of the same Act (hereinafter “instant forest”).

B. On April 28, 2016, the Defendant requested the Gwangju Metropolitan City Mayor to review the instant application for permission, and on May 27, 2016, the Gwangju Metropolitan City Mayor sent a reply to the following purport to the Defendant:

① The installation of power supply facilities upon the application for permission of the instant case requires the determination of urban planning facilities in accordance with the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and the approval of the management plan of development restriction zones by the Minister of Land, Infrastructure and Transport. There is no above determination and approval in the instant forest, and there is no examination of the application for

② The forest of this case is not consistent with the provisions on the formulation of a plan for managing development restriction zones and the examination of facilities subject to location (Ordinance of the Ministry of Land, Infrastructure and Transport No. 2016-658, hereinafter referred to as “Rules on the Location of Development Restriction Zones”) due to the excellent

C. On July 8, 2016, the Defendant, upon receipt of the foregoing review reply from the luminous Market, notified the Plaintiff of non-permission on the instant application for permission for the following reasons:

(hereinafter “instant disposition”). In order to install power generation facilities in the instant forest as a result of the consultation with the relevant agencies, the determination of urban planning facilities and the management plan of development restriction zones in accordance with the Act on the Development Restriction Zones and the regulations on the location of development restriction zones should be obtained, but it is not approved, Article 7(5) of the Electric Utility

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