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(영문) 수원지방법원 2016.07.12 2015구합70042
공급인증서 발급대상 설비확인처분취소등
Text

1. Of the instant lawsuit, the part regarding the claim for cancellation of the cancellation of the issuance of supply certificates as of September 21, 2015 shall be dismissed.

2...

Reasons

1. Basic facts

A. On December 26, 2012, the Plaintiff obtained a license for the electric generation business (hereinafter “instant electric generation business”) with the following content from the Governor of Jeollabuk-do:

(hereinafter referred to as “the first permission” in this case). The name of power plant: The place where solar power generation is installed: C and D facility capacity in Ysan City: 17,852m2m2.

B. On April 2014, the Plaintiff newly constructed a duct building (hereinafter “the instant stable”) on the ground of Da and E (E (DD was subject to registration conversion on December 4, 2013) in the following cities: (a) around 11, 2014; and (b) obtained approval for the use of the instant stable on April 11, 2014.

C. The Plaintiff filed an application with the Governor of Jeollabuk-do for the change of the location of the instant initially permitted power generation business into 9,286 square meters, which was the upper part of the stable of this case and the size of its equipment. On September 23, 2014, the Plaintiff obtained permission from the Governor of Jeollabuk-do to change the instant power generation business with the same content.

(hereinafter “instant change”). D.

On May 29, 2015, the Defendant received a pre-use inspection on the power generation facilities (facilities management number: F; hereinafter “instant facilities”) installed for the instant power generation business, and reported the commencement of the instant power generation business around June 2015.

E. On June 26, 2015, the Plaintiff applied for the confirmation of facilities subject to the issuance of supply certificates to the Defendant regarding the instant facilities.

On July 30, 2015, the Defendant deemed that the instant facilities were not used for existing facilities, such as buildings, and issued a written confirmation of facilities subject to the issuance of supply certificates (Evidence A No. 4) with weight of 1.0.

(f) The Plaintiff began to supply electricity from June 1, 2015 in accordance with the supply contract concluded with the Korea Electric Power Corporation. On September 21, 2015, the Plaintiff filed an application with the Defendant for the issuance of supply certificates regarding the supply of electricity on June 2015.

On September 21, 2015, the defendant applied to the plaintiff on September 21, 2015, with the weight of the equipment of this case 1.0.

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