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(영문) 대구지방법원 2019.01.09 2018구합23765
전기사업불허가처분취소
Text

1. The Defendant’s disposition of non-permission to operate the electricity business on July 17, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On June 24, 2017, the Plaintiff, B, and C purchased 20,308m20,000 square meters of Fancheon-gun Eri (hereinafter “Eri”) from D (hereinafter “E Ri”) in the price of KRW 60,308m2 (hereinafter “instant application site”) and completed the registration of ownership transfer at the ratio of 1/3 of each share on July 10, 2017.

B. On May 17, 2018, in order to install solar power generation facilities at the instant application site, the Plaintiff filed an application for electric utility business license with the power generation capacity of 99.36kW and the total project cost of 1.3 billion won.

C. On July 17, 2018, the Defendant rendered the instant disposition of non-permission for the electrical business (hereinafter “instant disposition”) to the Plaintiff as follows.

In accordance with Article 7 of the Electric Utility Act and Article 4 of the Enforcement Decree thereof, there shall be no conflict with the relevant individual laws.

In the case of power generation facilities pursuant to Article 4 of the Guidelines for Operation of Permission for Development Activities ofYcheon-gun, the location shall not be located within 500 meters from the boundary of a road (G) under the Road Act (hereinafter referred to as the "National Land Planning Act").

However, since the instant application is located within 500 meters from the road boundary, it is impossible to permit development activities.

In order to carry out the comprehensive opinion-based electric utility business as planned, it is possible to permit the electric utility business after meeting the conditions of development activities and individual laws.

However, as a result of review of the related laws, it is difficult to obtain permission for development activities, but it is difficult to implement the electric utility business as planned because the possibility of the solar power generation business is difficult.

Therefore, it is inappropriate pursuant to Article 7 (5) 2 of the Electric Utility Act.

【Ground for recognition】 The fact that there has been no dispute, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition should be revoked on the following grounds.

1. The National Land Planning Act even if the electric utility business license is obtained under Article 7 (1) of the Electric Utility Act.

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