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(영문) 수원지방법원 2012.10.10 2012구합3645
신재생에너지발전차액지원적용설비선정취소및지원금환수처분
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. (1) The Plaintiffs respectively operated the power generation plant for the use of new and renewable energy from May 27, 2010, 201, which is the Plaintiff K&W E&D Doll, Co., Ltd., Ltd., on January 26, 2010, and the Plaintiff E&D E&D Domins, Co., Ltd., Ltd., on December 23, 2009, E&N Domins, Co., Ltd., Ltd., and on March 29, 2010, acquired the power generation business place for new and renewable energy from E&D Domins, Co., Ltd., Ltd., Ltd., Ltd., on December 23, 2009, Co., Ltd., Ltd., Ltd., and the Plaintiff C&D Domins, Co., Ltd., Ltd., Ltd.,

(2) 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 referred to as the “former New and Renewable Energy Act”) provides that “the Plaintiff shall be deemed an affiliated organization of the Korea Energy Management Corporation” for convenience without considering the transferor’s fact-finding relation to the part of the Plaintiffs, which is operated by acquiring the power plant using new and renewable energy by transfer. (2) The Defendant was established as an affiliated organization of the Korea Energy Management Corporation to conduct support and management of the operator of the new and renewable energy use and distribution business pursuant to 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 referred to as “former Enforcement Decree of the Korea New and

B. (1) On February 16, 2009, the Plaintiffs obtained a license for an electricity generation business from the Standing Governor, and applied for confirmation of the selection of the annual standard price applicable facilities to the Defendant.

Accordingly, on May 19, 2009, the defendant issued to the plaintiffs a written confirmation of the selection of the annual application facilities of base price, and the written confirmation of the selection of the annual application facilities of base price is in accordance with the guidelines for the standard price of new and renewable energy power generation power announced by the Ministry

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