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(영문) 제주지방법원 2015.04.08 2014구합5341

사업대상자선정취소등처분 취소의 소

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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. The Plaintiff is an agricultural partnership established on June 21, 2001 for the purpose of the business related to group cultivation and joint work, the installation and operation of joint use facilities related to agriculture, etc.

The details of a subsidy granted for the project period of 2011 - 3,600,000 won for the purchase of seeds from January 2, 201 to December 2011 - KRW 2,700,000 for the support of rice straw and duplicate resources - KRW 10,202,000 for the purchase of seeds from March 2012 to December 2012 - the support of the purchase of seeds 14,370,000 to March 2013 - the support of the purchase of seeds from March 2013 to December 12, 2013 - 10,80,000 won for the support of management body equipment - seed 2014 - the support of the purchase of seeds 2,730,000 won for the purchase of seeds from March 20, 2014 to 14 to 2000,000 for research equipment -140

B. In promoting a project to expand the production basis of research fees (hereinafter “instant project”), the Defendant provided subsidies to farmers, agricultural business entities, etc. regarding the manufacturing cost of machinery, equipment, and mileage for research fees, and seed purchase cost. From 2011 to 2014, the Plaintiff submitted an application for the autonomous agricultural and forestry project to the Defendant regarding the instant project. The Plaintiff was selected as the subject of the instant project and received subsidies as follows.

C. However, on May 22, 2014, the Defendant issued a prior notice to the Plaintiff on the grounds that “the Plaintiff and B filed an application for the restitution of subsidies and the cancellation of the designation of a person eligible for the project,” and on June 5, 2014, “the Plaintiff was less than 36 parcels of land owned by him/her,” and “the lease land of this case.”

corporation B and hereinafter referred to as "B".

In spite of lease from March 1, 2011 to February 28, 2031 to the project owner, at the time of filing an application for the instant project, the project owner was selected as a project owner by submitting a false project plan by unlawful means, including all or some parcels of the leased land in the instant prospective project site, as follows: