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(영문) 춘천지방법원 2013.08.16 2012구합377
풍력발전사업허가취소신청거부처분취소등
Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Permission for the electric generation business of Defendant Gangwon-do 1) The effectiveness of the Co., Ltd. (hereinafter “effective”).

on June 13, 2006, the Defendant Gangwon-do (hereinafter referred to as “the location where the instant power generator is installed”) shall be the district where the instant power generator is installed.

) The wind power plant (2MW 1, 750ccW 1, 750kW 1, hereinafter “instant facilities”) of the facility capacity 2.75MW

2) The business that establishes the business (hereinafter referred to as the “instant business”)

(2) As to the effectiveness of August 18, 2006, the Defendant Gangwon-do applied for a license for an electric generation business under Article 2 subparag. 3 of the former Electric Utility Act (amended by Act No. 8852 of Feb. 29, 2008) in accordance with Article 7(1) of the same Act.

(hereinafter “License for the instant electric generation business”). (b)

around September 206, Defendant Gangseo-gu Mayor applied for development activities for the purpose of development activities for the purpose of the construction of wind power plants in order to implement the instant project at the location of the instant power plant. (2) Defendant Gangseo-gu Mayor permitted development activities on October 12, 2006 pursuant to Article 56 of the former National Land Planning and Utilization Act (amended by Act No. 8250, Jan. 19, 2007) on the effectiveness of October 12, 2006.

(hereinafter “Permission for the instant development activities”). C.

The plaintiffs are residents living in D, a village adjacent to the west side of the site where the development period of this case is installed, or owners or farmers of land housing in D.

The Plaintiffs filed an application with the Governor of Gangwon-do for the cancellation of the license for the instant electric generation business and the removal of the instant facilities. However, on July 7, 2011, the Defendant Governor of Gangwon-do rendered a judgment against the Plaintiff on May 20, 2010 regarding the case of revocation, etc. of the permission for wind power generation business, which the Plaintiff filed with the Seoul Administrative Court (Seoul Administrative Court 2009Guhap966). The Plaintiffs appealed to the Seoul High Court (Seoul High Court 2010Nu17641) on June 10, 2010, and the said case is still pending in the said appellate court. Therefore, the subsequent appellate court’

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