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(영문) 서울고등법원 2018.07.20 2017누85674

마을기업 지정취소처분 무효확인 등의 소

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

3...

Reasons

1. The grounds for this part of the judgment of the court of first instance are as follows, with the exception of dismissal or addition:

Therefore, it shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The part of the 10th to 11th "The Minister of Government Administration and Home Affairs" was designated as a village company around November 13, 2013 based on the Ministry of Government Administration and Home Affairs's guidelines for implementing the Village Enterprise Promotion Project of the Ministry of Government Administration and Home Affairs (hereinafter "the guidelines of this case") after examining and examining the eligibility of the defendant, the Mayor of Incheon Metropolitan City, and the Minister of Government Administration and Home Affairs."

The Nam-gu Incheon Metropolitan City shall turn into "Defendants" each of the three parallels in the 2nd 11th e, 2nd e, 5, 8th e, and 3th eth eth eth eth eth eth.

2. The following shall be added to eight pages in the table:

Article 7 (Modification and Termination of Agreement) ① The Plaintiff shall not modify the terms and conditions of this Agreement and other agreed matters without the written consent of the Defendant: Provided, That when there is any matter required by the Defendant after the conclusion of this Agreement, the Plaintiff shall comply with it. ② Other matters concerning the modification and termination of the Agreement shall be governed by the Guidelines of this case, and the following parts shall be followed: < Amended by Presidential Decree No. 16800, Mar. 1, 2007>

E. In accordance with the instant guidelines, the Defendant requested the Mayor of Incheon Metropolitan City on March 7, 2016 to revoke the designation of a village enterprise against the Plaintiff on the ground that the Plaintiff violated Article 22 of the Subsidy Management Act and the instant guidelines. The Mayor of Incheon Metropolitan City requested the Minister of Government Administration and Home Affairs to revoke the designation of a village enterprise against the Plaintiff on March 9, 2016. The Minister of Government Administration and Home Affairs requested the Mayor of Incheon Metropolitan City on March 14, 2016, and the Minister of Government Administration and Home Affairs to the Mayor of Incheon Metropolitan City as the regional economy of the Ministry of Government Administration and Home Affairs-974, on March 14, 2016.