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(영문) 대구고등법원 2015.09.25 2015누4120
사용전검사필증에 대한 무효통지처분 무효확인 등
Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' lawsuits are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Details of the disposition;

A. Plaintiff A operates H, a business place for the power generation of new and renewable energy in Gyeongcheon-gun E, F, and G, and Plaintiff B, a business place for the power generation of new and renewable energy, respectively.

(hereinafter referred to as “instant power plant”) H and J. B.

Pursuant to Article 31(1) of the former Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (Amended by Act No. 10253, Apr. 12, 2010; hereinafter “former New and Renewable Energy Act”), Article 29 of the former Enforcement Decree of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy (Amended by Presidential Decree No. 22382, Sept. 17, 2010; hereinafter “former Enforcement Decree of the New and Renewable Energy Act”), the Korea Energy Management Corporation (hereinafter “New and Renewable Energy Center”) was established as an affiliated organization of the Korea Energy Management Corporation to support and manage the use and distribution of new and renewable energy.

C. On February 16, 2009, the Plaintiffs filed an application for confirmation of the selection of the annual base price applicable facilities with the new and renewable energy center after obtaining permission to engage in an electricity generation business from the Mayor/Do Governor. On May 19, 2009, the new and renewable energy center filed an application for confirmation of the installation of power generation margin support facilities with the Plaintiffs on May 19, 2009 and August 18, 2009, the designation of the annual base price applicable facilities is revoked.

On August 14, 2009, the plaintiffs filed an application for pre-use inspection of the instant power plant with the Gyeongbuk Vice-Governor of Korea Electrical Safety Corporation pursuant to Article 63 of the former Electric Utility Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter the same). K, which belongs to the Gyeongbuk-do Vice-Governor of Korea Electrical Safety Corporation, conducts an inspection of the electric installations of the instant power plant, and entered the judgment of "qualified passing" with the plaintiffs on August 17, 2009.

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