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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 for the court’s explanation as to this case is as follows, except for the additional determination as to the Plaintiff’s assertion under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion 1) Even if the disposition agency may revoke an defective administrative act without any separate legal basis, where the statute provides for the grounds for revocation, the disposition agency shall not be arbitrarily revoked for reasons other than that. However, as stated in the judgment of the first instance court, the Defendant’s disposition of return of the purport of the claim to the Plaintiff on December 8, 2014 (hereinafter “instant disposition”).
The Defendant’s decision to grant design service cost subsidies (hereinafter “instant decision”) on December 14, 201.
Even if the revocation is included, Article 30(1) of the Subsidy Management Act separately provides for the grounds for revocation of the decision to grant a subsidy. Since the revocation of the decision in this case does not fall under any of the above grounds, the disposition in this case was made without legal basis and is unlawful. 2) The instant disposition is an order to return the subsidy. The Plaintiff’s use of the subsidy for any purpose other than the purpose of the payment of the subsidy (in cases where the subsidy was received by false application or other wrongful means, if the requirements for the payment of the subsidy were not satisfied), Article 42(3) of the Social Welfare Services Act (in cases where the subsidy was received by fraudulent or other wrongful means, if the subsidy was used for any purpose other than the purpose of the project, if it violated this Act or any order under this Act), and Article 17 of the Ordinance on the Management of Subsidies, which does not fall under any of the requirements for the return of the subsidy provided for in this case.