logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.04.06 2017누7369
전기사업불허가처분 취소 청구 소
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for modification or addition as follows. Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Details to be corrected or added;

A. On July 11, 2017, Supreme Court Decision 2017Du41344 Decided July 11, 2017, and Supreme Court Decision 201Nu4149 Decided March 30, 2017, supra, “inasmuch as it is possible” and “such a” are deleted from all indications of 1 week 21 to 22, each of which is in the second sentence of the judgment of the first instance.

B. We add the judgment of the court of first instance as to the defendant's argument as follows between the 7th and 8th and the 7th and the 8th, respectively.

In addition, the defendant asserts that the application of this case only satisfies the "a complex civil petition" which is the criteria for permission under Article 7 (5) 2 of the Electric Utility Act, but also falls under the "a complex civil petition" under Article 2 subparagraph 5 of the "Civil Petitions Treatment Act" and must be processed in cooperation with the related agencies or departments, since the related departments have a review of non-permission, it is not possible to grant permission from the residents' opposition and related departments due to the damage of superior farmland following the construction of power plants and the deterioration of residential life environment, etc.

First of all, in determining the above argument that “the electrical business can be carried out in accordance with the plan,” which is the criteria for the permission under Article 7(5)2 of the Electric Utility Act, the above argument should be considered in all circumstances that may arise in the stage after the business permission, as alleged by the defendant.

arrow