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(영문) 대구지방법원 2019.06.27 2018구합25693
개발행위불허가처분취소청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 3, 2017, the Plaintiff filed an application with the Defendant for permission to engage in the electric generation business, and on July 11, 2017, the Plaintiff obtained from the Defendant the permission to engage in the electric generation business concerning solar power generation business, the installation capacity of which is 20,084m20,000 square meters in Yeongdeungpo-si, Incheon-si (hereinafter “instant application site”), the installation capacity of which is 496.40 km, and the installation area of which is 7,100m2.

On the other hand, D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) as the representative of the Plaintiff was also located in the name of “Eelectric power plant” from the Defendant on the same day, and was permitted to generate electricity on solar power generation business with the facility capacity of this case and the installation size of 12,984m2.

(hereinafter collectively referred to as “electric generation business of this case”). (b)

The terms and conditions of the license for the electricity generation business include the following: “The license for the electricity generation business is subject to the attached written review opinion (the conditions of the license); among them, the comprehensive opinion includes the following: “The license for the electricity generation business is conditional upon obtaining the permission for the development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and the separate authorization and permission stipulated in other individual Acts and subordinate statutes.”

C. On June 15, 2018, the Plaintiff and D applied for permission for development activities to install solar power infrastructure and change the form and quality of land for 19,082 square meters among 20,084 square meters in the instant application site.

On July 26, 2018, the Defendant requested the head of Daegu Regional Environment Office to hold a consultation on the examination of small-scale environmental impact assessment on the said development activities, and the head of Daegu Regional Environment Office sent his/her consent to the Defendant on November 2, 2018.

On November 8, 2018, the Plaintiff and D withdrawn the application for the above development permit.

On November 12, 2018, the Plaintiff applied for permission to engage in development activities for installation of solar power infrastructure and alteration of form and quality of land with respect to 7,454 square meters among 20,084 square meters in the instant application site on November 12, 2018.

hereinafter referred to as "the case."

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