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(영문) 광주지방법원 2017.11.09 2017구합10340
전기사업허가신청 불허가처분취소
Text

1. The plaintiffs' primary claims are dismissed.

2. Each of the Defendant’s orders against the Plaintiffs on November 28, 2016.

Reasons

1. Details of the disposition;

A. On September 19, 2016, the Plaintiffs filed an application for permission for electricity business with the Defendant for each electricity business in order to conduct solar power generation projects in the size indicated in the “development capacity” column on each land indicated in the table “application sheet” as below (hereinafter “the site of each application of this case”).

(hereinafter referred to as “each of the instant applications”). The power generation capacity (kW) capacity of the representative of the power plant name (applicant) 1 E, Plaintiff F, G, H, I, J, K, and K 498.96 2 L, Plaintiff B, M, N,O, P, Q, R, and K 3, Plaintiff C, M, N,O, P, Q, R, Q, K 498.96 3, Plaintiff C, M, M, N, P, Q, R, K, and 4 T 4 T, Plaintiff C, M, G, H, I, J, J, K, and K 36, 297.36

B. On November 28, 2016, the Defendant issued a notice of non-permission regarding each of the instant applications to the Plaintiffs on the following grounds.

(이하 ‘이 사건 각 처분’이라고 한다) ◎ 불허가 사유 해당 부지는 완도군 개발행위허가 운영지침(이하 ‘완도군 개발지침’이라고 한다) 제7조(발전시설 허가기준)에 의거 다음 사항으로 개발행위 허가 부적합하여 전기사업허가 불허처분

1. They shall not be located on the road within 500 meters;

2. The housing area shall not be located within 500 meters in a straight line from the concentrated residential area, and in the case of a residential area less than 5, it shall not be located within 100 meters in a scam (applicable ground for recognition), the facts of no dispute, the evidence of subparagraphs 1 through 5, the entry (including the provisional number) in the evidence of subparagraph 1, and the purport

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiffs’ assertion 1) The Guidelines for the Development of Fulldo-gun is based on the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(A) The Enforcement Decree of the National Land Planning Act and the Ministry of Land, Infrastructure and Transport’s Operation Guidelines for Permission for Development Acts (hereinafter “National Land Section Guidelines

The National Land Planning Act, the Enforcement Decree of the National Land Planning Act, and the National Land Sub-Guideline shall be delegated to the head of local government or the head of local government for permission for development activities.

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