beta
(영문) 인천지방법원 2019.07.25 2016구합52181 (1)

기타부담금부과처분취소

Text

1. On November 19, 2014, the Kimpo-si market left the Plaintiff’s remaining property against the Defendant following the disposition of recovery taken by the Plaintiff on November 19, 2014.

Reasons

1. Basic facts

A. The Plaintiff (formerly named social welfare foundation B) is a social welfare foundation established with the purpose of establishing and operating welfare facilities for the disabled and welfare facilities for the aged on October 21, 1981 pursuant to the Social Welfare Services Act.

On December 30, 2002, the Plaintiff reported the establishment and operation of the instant facility, which is a welfare facility for older persons, and operated it. On August 5, 2014, the Plaintiff reported the closure of the instant facility as of October 31, 2014 on the ground of chronic deficit management, etc. to the Kimpo-si Mayor. On October 31, 2014, the Plaintiff abolished the instant facility on October 31, 2014.

B. On September 23, 2014, according to the Plaintiff’s report on the closure of the instant facilities, the Kimpo-si requested the Plaintiff to submit a plan to return residual property while sending subsidies (which were granted by the Gyeonggi-do Governor as subsidies and Do subsidies) that were previously granted as subsidies for functional reinforcement of the instant facilities and the details of the subsidized projects for functional reinforcement of the relevant functions. The Plaintiff submitted a plan to take measures to return subsidies for functional reinforcement of the instant facilities in accordance with the relevant statutes.

C. On November 19, 2014, the Kimpo-si notified the Plaintiff of the fact that, among the property created with subsidies granted for the previous functions reinforcement project, the sum total of KRW 287,58,660,00,000,000,000 from among the property created with subsidies granted for the previous functions reinforcement project as listed in the following table, the Plaintiff returned to December 19,

(1) As regards the property listed in the table Nos. 1 below, the full amount of the subsidy granted for the property listed in the table Nos. 2 and 4 shall be determined as the recovery amount due to the sale on July 9, 2014 by the e-mail vehicle for the property listed in the table Nos. 3 and 6,000 won due to the sale on July 9, 2014; hereinafter referred to as “instant notification”). The amount of the subsidy granted for the year of granting the order Nos. 12039,82,00 won for the recovery amount of the project;