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(영문) 광주고등법원 2018.12.20 2018누4761

보조금교부결정취소처분취소 등 청구

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Details of the disposition

A. From around 2007, the Defendant implemented a project to create mountain village ecological villages in which subsidies were granted for the purpose of improving the living environment of mountain village and creating income-based and mountain village as the base for ecologically pleasant and scenic life.

B. B A committee for promotion of mountain village ecology (hereinafter “instant promotion committee”) was selected as a subsidized project operator of the mountain village development project in around 2008, and received total project cost of KRW 1,679,440,000 from around 2010 to around 2014, and carried out a creation project, a cultural center construction project, a joint workplace construction project, etc.

C. From May 2009 to December 201, the Plaintiff dealt with the administrative affairs of the instant promotion committee from May 2009 to December 2, 2010, the development and access road construction business among the development business of the mountain village ecological village, application for subsidies from the cultural center construction business, the selection of construction business operators, and the execution of subsidies.

The promotion committee of this case applied to the defendant for the grant of subsidies concerning the subsidized projects as listed below, and the defendant made a decision on the grant of subsidies and granted subsidies as listed below:

(1) The term “each of the instant subsidized projects” refers to “each of the instant subsidized projects,” and subsidies granted with respect to each of the instant subsidized projects (hereinafter “each of the instant subsidized projects”) / [Attachment 1] 12010 to 2012 as the date of granting the name of the project (won) for the year of the instant subsidized projects / 136,772,000 on July 9, 2010 and the opening of access roads on November 75, 2010 to 886,00,000 on February 141, 2012, 2002 to 2013 to 2014 Culture Center New Center on May 31, 2013 to 2014;

E. The Plaintiff is a person who led projects, such as application for subsidies, selection of construction business operators, and implementation of subsidies, and ① submits false tax invoices and false construction contract regarding the creation of and access to the Cultural Marshall 20, 2012. The Plaintiff is equivalent to KRW 141,72,00 of subsidies around February 29, 2012.