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(영문) 광주고등법원 2020.04.09 2019나21469

근저당권말소

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The Plaintiff (Counterclaim Defendant) is 520,000,000 won against the Defendant (Counterclaim Plaintiff).

Reasons

1. Facts of recognition;

(a) Conclusion of investment agreements and grant of subsidies 1) A Co., Ltd. (hereinafter “B”) with the head office and factory in the metropolitan area;

A) The head office and factory within the Plaintiff’s jurisdiction (hereinafter “instant industrial complex”) shall be supported by the Special Act on Balanced National Development.

A) Around September 2, 2011, Jeonnam-do and the Plaintiff entered into an investment agreement stipulating that the investment period is from 2011 to 2015 square meters in the instant industrial complex; the investment area is 13,000 square meters in the instant industrial complex; “KIKO, real printing, and sexual manufacturing, etc.”; the investment scale is 6,00,000 investment amount; and the number of employees is 85,000.2) The Ministry of Knowledge Economy (the Government Organization Act was wholly amended by Act No. 11690, Mar. 23, 2013; the name was changed to the Ministry of Trade, Industry and Energy; on November 28, 2011, the investment area is 85,410,000 square meters in the instant industrial complex; and the investment area is 06,000,0000,000,0000,000,000,000,016,06,06,0636,00.

(4) The Plaintiff decided to grant a subsidy on the condition that B applied for a subsidy for the purchase of a site in the instant industrial complex, applied for a subsidy by the subsidized business operator “B,” and the name of the subsidized business operator “B,” and that B shall take necessary measures to ensure the transfer of the subsidized business and the implementation of the investment plan by the relocated business entity in Seoul Metropolitan Area on two occasions around January 201 and around April 2012, and provided the said amount to the Plaintiff. The Plaintiff decided to grant a subsidy on the condition that B would not dispose of the land purchased with the subsidy within the said period unless there are justifiable grounds. < Amended by Presidential Decree No. 23488, Dec. 31, 2012>