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(영문) 광주고등법원(전주) 2016.11.21 2016누1269

투자보조금 지급거부처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation of this case is as follows: (a) the part of the judgment of the court of first instance as stated in paragraph (2) is written; and (b) the Plaintiff’s additional assertion in the trial of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the determination as stated in paragraph (3) above; and (c) thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act

2. Parts to be dried;

(a) In addition to the attached Form attached to the judgment of the court of first instance, the description attached to the judgment shall be added;

B. The third sentence to 18th to 22th sentence of the judgment of the first instance court is as follows. The F, around 1995, had engaged in vessel mooring business with the trade name of "J" from Sungwon-gu, Sungwon-si, Sungwon-si, Sungwon-si, and had moved its place of business to Jeonnam-gun E around August 2007. Around August 2008, the F changed its trade name to "D" and operated its business after moving its place of business to "D".

After that, F established the Plaintiff corporation on March 201, 201; the Plaintiff entered into a business comprehensive acquisition agreement with F (D) to comprehensively succeed to D’s business; and entered into a contract to move into the B-Gun Si/Gun, Gun, Gun. Thus, the Plaintiff constitutes “domestic relocation enterprise” which had been engaged in business outside Jeollabuk-do for at least three years and transferred to Jeollabuk-do, and thus, the instant disposition was unlawful on a different premise.

A person shall be appointed.

C. Article 23 of the former Ordinance on Promotion of Contribution and Investment Inducement (amended by Ordinance No. 3607, Oct. 14, 201; Ordinance No. 3607, Oct. 14, 201; Ordinance No. 23 of the Ministry of Agriculture, Forestry and Fisheries (amended by Ordinance No. 3607, Oct. 14, 201; Ordinance No. 23-3 of the Ministry of Agriculture, Forestry and Fisheries (hereinafter referred to as “domestic transfer enterprise”) shall be amended as follows.