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(영문) 광주지방법원 2018.06.14 2017구합930
보조금환수처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. While the Plaintiff cultivated B and two parcels outside Yong-gun (hereinafter “instant land”), it applied for subsidies for discontinuance of the business of the 2016 FTA closed down pursuant to the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of the Free Trade Agreement, and received KRW 28,262,080 from the Defendant on December 23, 2016.

B. On March 3, 2017, a person in charge of the Defendant’s side conducted an on-site investigation on the instant land, and confirmed that the Plaintiff transferred part of the seedlings to another place without disposing of the entire quantity thereof, and subsequently transferred the instant land to another place after receiving the subsidy for closure of business.

C. On October 16, 2017, the Defendant issued a redemption disposition of KRW 28,33,310 (hereinafter “instant disposition”) with the aggregate of KRW 28,262,080 and interest KRW 71,230 (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that 50 shares among 950 shares of 1950 shares cultivated by the plaintiff was paid subsidies to the plaintiff, and the remaining 450 shares were excluded from compensation, and thus, the disposition of this case is unlawful.

It is against the principle of trust and good faith that the Defendant did not compensate for seedlings 450 weeks and received the subsidy of 3,885,000 won from the Plaintiff for the installation of a sea-flowing damage prevention network and made the instant disposition in violation of the principle of trust and protection.

In addition, since the disposition of this case, the disposition of this case was abused and abused discretion in light of the fact that the plaintiff's additional disposal of 450 shares after the disposition of this case.

(b) as shown in the attached Form of the relevant statutes;

C. The following circumstances, i.e., the evidence prior to the existence of the grounds for disposition 1 and the statements in the evidence Nos. 7 and 20 as a whole acknowledged by considering the overall purport of the pleadings, i.e., the Plaintiff’s side.

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