logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.06.27 2016구합70339
부작위위법확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 14, 2014, the Plaintiff obtained a license for the electric generation business (D) from the Southern original market to install a solar power generation device on the upper part of the building B and C above the Namwon-si pursuant to Article 7 of the Electric Utility Act, and issued a license for the electric generation business from the Southern original market.

B. The Plaintiff newly constructed three buildings on the ground of Namwon-si, Namwon-si (hereinafter “instant building”), obtained approval for use on October 20, 2014, and completed registration of preservation of ownership in the Plaintiff’s name on October 23, 2014.

C. On November 26, 2014, the Namwon market is the Plaintiff’s above A upon the Plaintiff’s application.

It changed the installation location of the power generation business to the building of this case among the permitted contents, such as the same paragraph.

On May 7, 2015, the Plaintiff filed an application with the Defendant for the confirmation of facilities subject to the issuance of a supply certificate pursuant to Article 8 of the Guidelines for the Management and Operation of the Supply Obligations for New and Renewable Energy (Ministry of Trade, Industry and Energy Notice No. 2014-164, hereinafter “instant Notice”) and Article 11 of the Rules on the Issuance of Supply Certificates and the Operation of the Trading Market (Public Notice of the New and Renewable Energy Center Notice No. 2015-1, hereinafter “instant Public Notice”).

E. On May 8, 2015, the Defendant issued a written confirmation of the facility subject to the issuance of supply certificates (hereinafter “instant facility confirmation”) to the Plaintiff pursuant to Article 13 of the instant public announcement, and entered the weight (hereinafter “instant weight”) calculated by multiplying the actual amount of electricity supply pursuant to the latter part of Article 12-7(3) of the Act on the Promotion of the Development and Use of New and Renewable Energy (hereinafter “New and Renewable Energy Act”), Article 18-9 of the Enforcement Decree of the New and Renewable Energy Act, and attached Table 3 of the instant public announcement (hereinafter “instant weight”).

F. On August 18, 2015, the Plaintiff requested the Defendant to correct the instant weight as 1.5 on the instant facility certificate, but the Defendant weighted on the 25th day of the same month.

arrow