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(영문) 대구지방법원 2018.06.07 2017구합24075
전기사업 불허가 통보 취소소송
Text

1. On September 14, 2017, the Defendant’s disposition of non-permission for each of the electrical business against the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. On June 12, 2017, the Plaintiffs: (a) filed an application for the permission of the respective electricity business with the Defendant for the installation of solar power generation facilities on the forest and field on the land indicated in the place where the forest is located under the table located in Ulsan-do, U.S. (hereinafter “instant application”) as follows.

Plaintiff

The area where the name of a power plant is installed (KW), the size of power generation of the architect office, the tegrbbbs Bank, the tegrgrgical village 2, U.S., the 132, U.S. 133, U.S. 29,9312,940, U.S. office 139, U.S. 29,9312,940, U.S. office located in the north-do of the solar power plant, U.S., the area where the plant is installed (KW) and the power plant is installed, U.S.,

B. On September 14, 2017, the Defendant issued a notice of non-permission regarding the instant application (hereinafter “instant disposition”) to the Plaintiffs on the following grounds.

Grounds for non-permission: Non-permission in conflict with the criteria for permission under Article 7 (5) of the Electric Utility Act (it shall be possible that the electric business can be conducted as planned) since the application does not conform to the criteria for permission for mountainous district conversion and the guidelines for operating permission for mountainous district development under attached Table 4 of Article 20

(c).

The statutes related to the disposition of this case shall be as specified in the attached Form.

[Grounds for recognition] The fact that there is no dispute, Gap's evidence No. 1, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. According to Article 7(1) of the Electric Utility Act, a person who intends to operate an electric utility business shall obtain a license for each type of electric utility business, and Article 7(5)2 of the same Act provides that “the electric utility business may be conducted in accordance with the plan,” as the criteria for the permission for the electric utility business. In this case, the grounds for the disposition that the Defendant’s main grounds for the disposition in the instant case are as follows: ① the Guidelines for Operation of Permission for Development Activities of Ulsan-gun (hereinafter “Guidelines”).

The National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning and Utilization Act") under Article 3(1) of the Guidelines of this case for reasons inappropriate.

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