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(영문) 제주지방법원 2018.11.07 2017구합5397
개발사업시행승인 및 전기사업허가 취소처분 취소
Text

1. The Defendant’s permission to operate wind power generation projects with the Plaintiff on October 17, 2016 and approval to implement development projects.

Reasons

1. Basic facts and circumstances of dispositions;

A. The outline of the project and the Plaintiff’s status B project for the development of the wind power generation project district in the instant case (hereinafter “instant project”) are the project that: (a) four companies, such as C (hereinafter “C”) leased 24 lots of land, including Jeju-si, where four companies (hereinafter “the instant cooperative”) own the name of D (hereinafter “C”); and (b) planned and promoted the instant project site for a period of 20 years from March 2014 to February 2016, by setting up and operating approximately KRW 95.1 billion for the project cost of the instant project; and (c) the Plaintiff is a special purpose corporation established on April 17, 2013 for the purpose of promoting the instant project.

B. 1) The Defendant is the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City on December 1, 201 (hereinafter “Special Act on Jeju”).

) (Amended by Act No. 13426, Jul. 24, 2015; hereinafter the same shall apply)

(2) Article 21-2 of the former Jeju Special Self-Governing Province Ordinance on Permission for and Designation of Districts for wind power generation projects (hereinafter “Ordinance on wind power generation projects”) enacted by delegation of Article 221-2.

) (amended by Jeju Special Self-Governing Province Ordinance No. 1413, Oct. 6, 2015; hereinafter the same shall apply)

(ii)the detailed applicable criteria for the license for wind power generation projects and for the designation of wind power generation districts in Jeju Special Self-Governing Province (hereinafter referred to as "detailed applicable criteria for wind power generation projects").

(2) Pursuant to the foregoing, the instant association concluded the first business agreement with F on February 201, after reviewing the wind power generation project in the instant project site prior to the aforementioned public offering, and concluded the agreement with F on October 14, 201, by participating in C, G, and H stock company, and entered into an agreement with F on October 201 to jointly promote the instant project.

(hereinafter referred to as "the above four enterprises" are collectively referred to as "the enterprisers of this case". The three cooperatives of this case and this.

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