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(영문) 창원지방법원 2020.04.23 2019구합53325
전기사업자 사업용 시설인수 신고 수리처분 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On February 18, 2008, Co., Ltd (hereinafter “C”) Company C (hereinafter “C”) was subject to registration conversion on April 19, 201 into 49,476 square meters of Fancheon-gun, Gohap-gun, Chungcheongnam-do. The forest was divided into six parcels, including Fancheon-gun, Fancheon-gun, and 8,110 square meters of land on August 16, 201. After obtaining a license for electric generation business from the time of the occurrence of solar power generation business (hereinafter “instant permission”; hereinafter “instant electric generation business”); thereafter, the voluntary auction procedure for the said land and solar power facilities (hereinafter “instant business facilities”) was commenced on December 26, 2016 upon the application of the mortgagee.

(C) Changwon District Court Sho support E).

1) On November 22, 2017, the Plaintiff entered into a contract for the transfer of the power generation business license with the content that the instant license is to be transferred by C. 2) C was deemed dissolved on December 11, 2017 pursuant to Article 520-2 of the Commercial Act.

3) After concluding the above transfer contract, the Plaintiff filed an application for authorization for the acquisition of the electric utility business, and on November 29, 2017, the Gyeongnam Do governor authorized the acquisition of the said business pursuant to Article 10 of the Electric Utility Act, and issued a certificate of permission for the electric generation business to the Plaintiff. (c) B limited company B (hereinafter “the instant special purpose company”) purchased the instant business facilities at the above auction procedure on October 1, 2018.

2) Upon being amended by Act No. 16364, Apr. 23, 2019 (amended by Act No. 16364, Jul. 24, 2019), Articles 10-2 and 11(1)5 were newly established as follows. Article 10-2 (Report, etc. on Acquisition of Facilities by Auction, etc.) (1) In cases where a person who has taken over the whole business facilities of an operator of the electric utility in accordance with any of the following procedures intends to operate the electric utility, he/she shall report to the Minister of Trade, Industry and Energy, as prescribed by Ordinance of the Ministry of Trade, Industry and Energy:

2. The debtor's rehabilitation and rehabilitation;

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