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(영문) 광주고등법원 2015.06.17 2014나13616
근저당권말소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s subsidization 1) B Co., Ltd. (hereinafter “B”).

On November 13, 2008, Jeonnam-do and the Plaintiff entered into an investment agreement with the effect that B, from November 13, 2008 to December 201, 2012, in the form of an enterprise, a juridical person or an incorporated farming association, installing facilities for research, extraction, and production of agricultural materials, and investing KRW 6.2 billion in a project creating a large-scale KK complex. 2) Jeonnam-do Governor decided to designate a specialized item of the region and grant subsidies for a specialized product promotion project with respect to the "specialized product promotion project" in 2009, which is designated as a regional brand and supports the project to increase farmers' income by developing the regional brand.

The main parts related to this case among the details of the specialized product promotion project and the decision to grant subsidies shall be as shown in attached Form.

2. Details of the subsidized project; and

3) On March 5, 2009, the Plaintiff selected B as one of the above specialized product promotion projects (hereinafter “C development project”) which submitted the “C development project” plan, and decided to grant subsidies of KRW 600,000,000,000,000,000,000 for the construction of one factory operation within Heung-gun as subsidies. (4) B notified the Plaintiff that the project is eligible for the instant subsidy project, and on March 11, 2009, he applied for subsidies under the name of D Co., Ltd. (hereinafter “D”) (hereinafter “D”), an agricultural corporation established by B for the smooth implementation of the instant subsidy project. Accordingly, the Plaintiff applied for subsidies to the Plaintiff on March 17, 2009 as D, and around KRW 60,00 (50,000,000,000,000,000,000,000,000,00,000,00.

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