1. The plaintiff's claim is dismissed.

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

Details of the disposition

In around 2016, the Plaintiff cultivated blusium in three greenhouses with a size of 1,650 square meters located on the ground of the rice field B of Jeonsung-gun (hereinafter referred to as “the instant farmland”) and in a street land with a size of 1,700 square meters on the above ground (hereinafter referred to as “the instant street land”).

In accordance with the Korea-U.S. Free Trade Agreement, when imported agricultural products were distributed in bulk in the Republic of Korea, the Defendant provided subsidies for discontinuance of business under Article 9 of the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of the Free Trade Agreement (hereinafter “Act”) on Assistance to Farmers, Fishermen, etc. following the conclusion of the Free Trade Agreement, on the condition that the instant farming area does not grow blus for five years from the instant farming area, and paid KRW 27,341,300 to the Plaintiff on September 29, 2016.

On November 26, 2019, the Defendant issued a disposition to recover KRW 27,341,300 from the above closed-down subsidy on the ground that the Plaintiff cultivated Blus in the instant farmland.

(hereinafter referred to as the "disposition in this case"). [Grounds for recognition] The plaintiff alleged that there is no dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 1 and 2, and the purport of the whole pleadings and arguments, and the plaintiff set up a aiding and abetting network to protect Blus seedlings being cultivated in the old land in this case, and the above aiding and abetting network was damaged due to heavy snow that was set on January 31, 2019.

Accordingly, in order to repair a damaged aiding and abetting Network, the Plaintiff was keeping Blue Blue who was cultivated in the ground of this case on the cultivation site of this case, but did not cultivate Blue at the cultivation site of this case.

Therefore, the instant disposition is unlawful because there is no ground for it.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 9 (1) of the Act shall apply to items deemed difficult for the Government to continue to conduct business of cultivating, raising, catching, collecting, or cultivating fruit trees, facilities, horticultural, livestock products, and marine products as a result of the implementation of a free trade agreement.