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(영문) 광주지방법원 2017.10.19 2015구합10872

보조금교부결정취소처분 취소

Text

1. On July 27, 2015, the Defendant’s subsidies for the location of an enterprise relocating to the Seoul Metropolitan Area (the date of the decision to grant the said subsidies on December 31, 2010) to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is an information and communications business, the development of a control system for factory automation, and the manufacture and supply business. B is the Plaintiff’s representative director, and C is a person who is in charge of the Plaintiff’s system business division’s transfer while serving as the Plaintiff’s system business director.

B. On December 2010, the Plaintiff concluded a sales contract between the Defendant and the Defendant to sell the D factory site of KRW 20,000 square meters at KRW 2,50,000,000, as part of the Seoul Metropolitan Area Company’s general business complex, Naju-si, as part of the Seoul Metropolitan Area Company’s general business complex (hereinafter “instant sales contract”).

C. On December 31, 2010, Naju-si rendered a decision to grant the Plaintiff KRW 1,250,000 (i.e., the State subsidy of KRW 1,187,500,000 (i.e., KRW 31,250,000 (hereinafter “instant subsidy”) to grant the Si subsidy of KRW 31,250,000 (hereinafter “instant subsidy”) (hereinafter “decision to grant the instant subsidy”) and paid the instant subsidy.

On July 27, 2015, the Defendant rendered a disposition revoking the instant decision to grant subsidies (hereinafter “instant disposition”) to the Plaintiff on the ground of “the rendering of a judgment of fraud of location subsidies ( November 7, 2014)” (hereinafter “instant disposition”).

E. Meanwhile, the Gwangju High Court, in collusion with the Gwangju High Court 2014No484,544 (Joint) and 2015No162 (Joint) case on August 27, 2015, prepared a false lease contract in the process of moving the Plaintiff’s workplace to Naju City, in collusion with B and C, E and F, etc., and received the instant subsidy by means of false application or other unlawful means, in addition to the 102-803,645,67 square meters of the G building in Gunpo-si, which was located at the time when the Plaintiff was located, as if the subject of the plan to issue a plan was used for all the 4,300 square meters of the H2Da508 factories in Siri-si, Siri-si, Do, and Guri-si, and received the instant subsidy.