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(영문) 대구지방법원 2017.01.10 2016구합21253

보조금회수결정처분취소 청구의 소

Text

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 a corporation established on June 20, 2007 for the purpose of collective cultivation and joint work.

B. On January 10, 2012 to February 10, 2012, the Defendant recruited “B business” (hereinafter “instant business”). The Plaintiff and one company applied for business on February 10, 2012, and the Defendant decided to select the Plaintiff as the subject of the instant business and notified the Plaintiff thereof on March 14, 2012.

C. On March 30, 2012, the Defendant notified the Plaintiff of the decision to grant a subsidy of KRW 840 million with respect to the instant project, and thereafter, on June 25, 2012 to February 8, 2013, the Defendant provided the Plaintiff with subsidies of KRW 840 million (hereinafter “instant subsidy”).

D 840,000 60,000 72,000 72,000 168,0000,000 for the project year of the project subject to the recovery of the subsidy for the name of the subsidized project (1,000 won) representative address of the representative of the Do non-City Do 2013, C Permanent Residential Living Association D Do 2012

D. After that, on March 28, 2016, the Defendant rendered a decision to recover subsidies and notify the Plaintiff as follows (hereinafter “instant disposition”) pursuant to Article 26 of the Local Subsidy Management Ordinance when permanent residence is granted local subsidies by false application or other unlawful means.

E. On April 12, 2016, the Plaintiff appealed to the Defendant, but the Defendant, on April 21, 2016, notified the Plaintiff of the final opinion and the decision to recover subsidies.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul's 4 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff filed an application for the project with all necessary documents, and the Defendant paid the instant subsidy by conducting a comprehensive examination.