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(영문) 대전지방법원 2018.10.04 2017구합104926
개발행위허가신청 불허가처분 취소
Text

1. The Defendant’s disposition rejecting development activities against the Plaintiff on June 12, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 16, 2014, the Plaintiff (formerly named, limited liability company, solar energy power plant) obtained a license for the electric power generation business on solar power generation projects, the installation of electric installation facilities of which is located at the Seo-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do. (hereinafter “instant project site”).

B. The Plaintiff filed an application for permission to engage in development activities against the Defendant to install solar electric equipment in the instant project site, but the Defendant rejected the said application on June 12, 2017, for the following reasons.

(hereinafter “instant disposition”). According to Article 4(1)1 of the Guidelines for the Work of Egyptive Power Facilities in Taean-Gun, solar power infrastructure can not be located within 200 meters from the main roads. The application is located within the range of 200 meters from the main roads of rural roads (rido) and in the range of 200 meters, so that solar power infrastructure can not be located within the range of 400 meters from the residential densely located within 5 or more, according to Article 4(1)2 of the Guidelines for the Work of Egyptive Power Facilities in Taean-gun-gun, the application is inappropriate because the solar power infrastructure is located within the range of 5 or more dwelling densely located within 400 meters from the straight line area (including the serial number, hereinafter the same shall apply).

(2) 【Each entry】

2. Summary of the plaintiff's assertion

A. The instant disposition, which rejected development activities to install solar power generation facilities in the instant project site, even though the Plaintiff obtained permission for solar power generation project using the instant project site as the place where electric installations are installed, is contrary to the principle of trust protection.

B. Chapter II: (a) The Plaintiff obtained an electrical business license on December 16, 2014, prior to its enactment on March 3, 2016, prior to the Taean-gun’s Guidelines for Handling the Work of Multi-Power Facilities (hereinafter “instant Guidelines”); and (b) thus, the instant disposition should not be taken on the basis of not only the instant Guidelines, but also the instant Guidelines, rather than the statutes.

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