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(영문) 광주지방법원 2015.06.11 2015구합10032
압류처분 취소 청구
Text

1. On March 10, 2014, the Defendant’s real estate indicated in [Attachment 1] List No. 10 as to Plaintiff B.

Reasons

Basic Facts

Plaintiff

Plaintiff A’s status as the Plaintiff Partnership (hereinafter “Plaintiff Partnership”) is a juristic person established on January 17, 2015 for the purpose of collective cultivation and joint work, etc. and engaged in the production and sale of mushroom seeds or growing mushroom seeds. Plaintiff B is a director of the Plaintiff Partnership, and Plaintiff C is the representative director of the Plaintiff Union.

Plaintiff

On October 10, 2008, the Plaintiff Union received subsidies from the Minister of the Korea Forest Service and received subsidies of KRW 700 million in total from the Defendant (hereinafter “instant subsidies”) five times on the condition that the Plaintiff Union was selected as a D business entity and the Defendant would bear KRW 300 million from May 4, 2009 to February 16, 2010.

Plaintiff

On December 27, 2013, the Plaintiffs and the above C were indicted on the charge that “as if they assumed KRW 300 million, they deceiving a public official in charge of the instant subsidy to acquire KRW 700 million and received KRW 500 million in a fraudulent manner at the same time.” On February 13, 2014, both the facts charged were found guilty, and Plaintiff B and the above C were sentenced to a suspended sentence of 3 years for 2 years, and a fine of KRW 3 million for each of the above facts charged, respectively, and the judgment became final and conclusive on February 21, 2014.

On January 28, 2014, the Plaintiffs established the right to collateral security (hereinafter “instant right to collateral security”) with respect to the real estate indicated in [Attachment 1 to 9] [Attachment 1] and [Attachment 1] and [Attachment 10], the ownership of the Plaintiff Union, as well as the real estate indicated in [Attachment 1] and [Attachment 10], the ownership of the Plaintiff Union, as well as the right to collateral security (hereinafter “instant right to collateral”).

The Defendant, including the Defendant’s attachment disposition, ordered the Plaintiff Union to revoke and return the decision to grant subsidies on January 15, 2014, and issued the instant subsidy on February 2014.

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