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(영문) 수원지방법원 2019.10.24 2019구합60548
개발행위허가신청 반려처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On December 28, 2017, C Co., Ltd. (hereinafter referred to as “C”) from the Gyeonggi-do Governor of the Gyeonggi-do to develop electric power generation business (permission number: E) with respect to the electric power generation business (power generation business) using solar power generation facilities with solar power generation facilities having the power generation capacity of 28,282m2,40, supply voltage 22,905, radio frequency 60 Hz, and radio frequency 60 Hz facilities (power generation business) and (2) with respect to the electric power generation business (power business (power business) using solar power generation facilities having the power generation capacity of 27,730m2,222,90 V, radio frequency 60 H, which is equipped with the power generation capacity of 27,730mw in the instant land (hereinafter referred to as “instant land”).

B. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) from March 7, 2018 to the above Company A from March 7, 2018.

On April 11, 2018, a transferee of the electric generation business, a business operator, and a electric power plant name change (permission number: G) was acquired from the Governor of the Gyeonggi-do.

Plaintiff

B Co., Ltd. (hereinafter referred to as “Plaintiff B”) shall be from March 7, 2018 to the above Company C from March 7, 2018.

On April 12, 2018, the transferee of the electric generation business and the change of the name of the operator and the electric power plant (permission number: H) have been granted by the Governor of the Gyeonggi-do.

C. On May 10, 2018, Plaintiff A applied for permission to engage in development activities and permission to convert mountainous districts for the creation of a site to install solar power generation facilities of 27,581 square meters in the instant land on the same day, and Plaintiff B applied for permission to engage in the development activities and permission to convert mountainous districts for the creation of the site (hereinafter “previous application”).

On July 16, 2018, the defendant submitted a small environmental impact assessment report by reviewing and proposing measures to minimize damage to the natural environment to the plaintiffs.

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