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(영문) 광주지방법원 2018.12.13 2018구합531
친환경공법 육계사육농장지원사업 보조금환수처분 등 취소
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. The Plaintiff’s status is an agricultural partnership aimed at improving agricultural productivity and increasing the income of its members through the rationalization of agricultural management.

B. The Plaintiff’s subsidy receipt 1) around June 5, 2007, the Plaintiff was selected as a person eligible for the “B Support Project,” which is a project subsidized by the Unanan Military Government, and the Defendant’s livestock shed (hereinafter “the instant livestock shed”).

(2) On February 7, 2012, the Plaintiff was selected as a person eligible for the “C Support Project” (hereinafter “C Support Project”), a non-military subsidized project, and was paid KRW 27,000,000 as a subsidy for the new construction of retirement from the Defendant.

C. On March 30, 2018, the Defendant received a request for administrative disposition on the grounds of the Plaintiff’s disguised establishment, unjust receipt of subsidies, and violation of the provisions on restriction on security of real estate acquired from subsidies from the Gwangju District Prosecutors’ Office. (2) On May 8, 2018, the Defendant notified the Plaintiff of the recovery of subsidies for B support projects pursuant to Articles 17 and 19 of the former Ordinance on the Management of Military Subsidies (Seoul-do Ordinance No. 1468), as follows:

- A disguised corporation, - Unfair receipt of subsidies of KRW 600,00,00,00, such as submission of false contributions - Violation of the provision on restriction on disposal of real estate acquired from subsidies - Defendant on May 8, 2018 (hereinafter referred to as “Subsidy Act”) for the reasons described below with respect to the Plaintiff on May 8, 2018

In accordance with the provisions of Articles 30 and 31, the decision to grant subsidies to support livestock excreta treatment facilities in 2012 (hereinafter the aforementioned decision to recover subsidies in 2007) and the "each of the instant dispositions" in total shall be construed as "each of the instant dispositions".

- A. A. H.D. - a disguised corporation, - an illegal receipt of subsidy of KRW 27,000,000, such as the submission of false funding documents - there is no dispute as to whether there is a ground for recognition, Gap evidence 1 (including paper numbers);

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