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(영문) 부산지방법원 2018.05.17 2017가합40620
부당이득금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: 40,000,000 won and its therefrom from March 2, 2017:

(b) the defendant.

Reasons

1. Basic facts

A. The Defendants are companies that run aggregate extraction business in the area, etc. of the R River mouth.

B. The Plaintiff provided support for restructuring of underwater aggregate extraction business, etc., where the aggregate extraction is restricted due to the implementation of the fourth river project pursuant to Article 10(3) of the former Aggregate Extraction Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “ Aggregate Extraction Act”) and Article 2-3 of the Enforcement Rule of the same Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1, Mar. 23, 2013; hereinafter “Enforcement Rule of the Aggregate Extraction Act”).

The main contents of the instant implementation guidelines are as follows.

Article 2 (Persons Eligible for Support) (1) Types of business eligible for support for restructuring of aggregate extraction business under this guidelines shall be " underwater aggregate extraction business, etc." in which it is impracticable to continue to operate aggregate extraction business due to restrictions on aggregate extraction due to four projects among aggregate extraction business under Article 2-2 of the Enforcement Decree of the Aggregate Extraction Act (hereinafter referred to as the "Decree").

(2) Among the persons eligible for support under paragraph (1), an underwater aggregate extraction business shall be subject to an aggregate extraction business entity who intends to close the relevant aggregate extraction business among those who have registered an " underwater aggregate extraction business" under Article 2-2 of the Decree at the time of the public announcement date of an implementation plan for the four major projects (hereinafter referred to as "base date") (including those who have been engaged in the relevant business at the time of the base date).

(4) Aggregate extraction business entities who have received compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, aggregate extraction business entities who belong to a large enterprise defined in subparagraph 2 of Article 2 of the Act on the Promotion of Collaborative Cooperation between Large Enterprises and Small-Medium Enterprises, or aggregate extraction business entities who do not possess equipment referred to in Article 3 (1) 1, among persons referred to in paragraph (2),

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