1. On November 2, 2016, the Defendant’s disposition of non-permission to operate the electricity business with respect to the Plaintiffs is revoked.

2...

1. Details of the disposition;

A. On August 4, 2016, the Plaintiffs determined each amount of electric power generation as 99.225km (Plaintiff A) and 496.125kW (Plaintiff B) in order to install solar power generation facilities on the ground of the land (hereinafter “instant application site”) of the Gyeongjin-gun, Chungcheongnam-do and the 8 lots of land (hereinafter “instant application site”) and applied for each electric utility license (hereinafter “instant application”).

B. On November 2, 2016, the Defendant issued a notice of non-permission regarding the instant application (hereinafter “instant disposition”) to the Plaintiffs on the following grounds.

1. Following the issuance of the Guidelines for Operation of Permission for Development Activities of Ulsan-gun on July 22, 2016, the installation of solar power infrastructure is prevented within 1 km on major roads, such as national highways, local highways, Gun roads, Gun roads, and Myeon roads, pursuant to Article 3 of the Operating Guidelines. 2. The relevant local residents are likely to seriously oppose the installation of a village and village center at the time of permission, and thus, a lot of civil petitions are likely to occur at the time of permission, and thus, the said location’s permission for the solar power generation project would be impossible.

2. Whether the instant disposition is lawful

A. The main grounds for the instant disposition by the Defendant are ① the grounds for the instant disposition that the instant application is not subject to development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) pursuant to Article 3(1) of the Uljin-gun Guidelines for the Operation of Permission for Development Activities (hereinafter “instant Guidelines”), and ② the concern of the occurrence of residents’ civil petitions (hereinafter “the grounds for the instant disposition”).

The following is examined as to whether each of the above dispositions is legitimate.

(b) as shown in the attached Form of the relevant statutes;

C. Article 58 of the National Land Planning and Utilization Act and Enforcement Decree of the same Act, which are superior laws and subordinate statutes, the first issue of the judgment on the grounds for disposition No. 1.