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(영문) 수원지방법원 2018.07.17 2018구합62004

주민지원사업 직접지원 중단처분 취소

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. B, as the owner of Gwangju City, a water source management area of Gwangju Metropolitan City, was granted subsidies from around 200 to support residents according to the Act on the Improvement of Water Quality and Support for Residents of the Han River Basin and the Enforcement Decree thereof (hereinafter “the Han River Watershed Act and the Enforcement Decree of the Han River Watershed Act”).

B. B donated the instant land to D on April 23, 2010 (On the other hand, D, the husband of the Plaintiff, died on July 28, 2002), and the Plaintiff completed the registration of ownership transfer on the instant land on April 26, 2010.

C. On May 3, 2010, the Plaintiff filed an application with the Defendant for change of a person eligible for resident support who changes a person eligible for resident support from B to the Plaintiff according to the above transfer of ownership, and the Defendant approved the application for change on May 14, 2010.

The plaintiff has received subsidies from around that time as a person eligible for the above resident support program.

On February 7, 2018, the Defendant notified the Plaintiff of the official document stating that the Plaintiff will cease support on the grounds that the Plaintiff was not eligible for support under relevant statutes, such as the Han River Watershed Act (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The Plaintiff’s instant disposition should be revoked on the following grounds.

According to the language and text of Article 13(1)1 and 2 of the Enforcement Decree of the Han River Watershed Act and the purport of resident support projects, “a lineal ascendant or descendant” as a person eligible for support under Article 13(1)2 of the Enforcement Decree of the Han River Watershed Act shall be deemed to include “the spouse of a lineal descendant entitled to inheritance by inheritance by inheritance”.

B. Even if not, E, a public official in charge of the defendant, is the plaintiff.