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Cases
2017Nu53097 Action demanding the cancellation of a licence for the power generation business
Plaintiff Appellant
Famag Co., Ltd.
Defendant Elives
The Minister of Trade, Industry
Intervenor joining the Defendant
Korean Eastern Development Co., Ltd.
The first instance judgment
Seoul Administrative Court Decision 2016Guhap77629 decided May 19, 2017
Conclusion of Pleadings
December 1, 2017
Imposition of Judgment
January 12, 2018
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal, including the costs of supplementary participation, are borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The defendant's disposition to grant permission for wind power generation business to the East West Power Development Co., Ltd. on July 13, 2016 shall be revoked.
Reasons
1. The reasoning for the judgment of the court of first instance is to dismiss or add the following among the reasons for the judgment of the court of first instance, and the fact-finding and decision of the court of first instance are just in light of the evidence submitted by the plaintiff to this court and the results of fact-finding on the party-by-court of Gangwon-do and the Taekk-si market, and it is just in light of the facts-finding and decision of the court of first instance, and it is identical to the ground for the judgment of the court of first instance, except for addition of the judgment that there
0. ① The Plaintiff’s “(i)” of 10 pages 9 shall be changed to “(ii) the development of the same order.”
The 11th 16th 16th 16th m "(s) add "(s) the Plaintiff's assertion that the 97th m. was included in the project site to prevent the Plaintiff from obtaining permission for wind power generation project, although it is possible to sufficiently determine the project site in another direction than the 97th m. m. m. m. m. m. m. from the installation site of the m. m. m. m. m. 13-1 as a result of considering the overall topography and the location of wind power generation devices installed along the m. m. m. m. m. m. s. 197.m.
2. Conclusion
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges
The presiding judge, senior judge
Judges Shin Jin-hee
Judges Lee Jae-chul