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(영문) 춘천지방법원강릉지원 2016.11.24 2016구합50205
보조금 환수처분 취소
Text

1. The Defendant’s disposition of recovering each subsidy against the Plaintiff on February 15, 2016 and February 23, 2016 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s location is relocated and factory construction 1) The Plaintiff’s main business is manufacturing, processing, and distributing agricultural, livestock, and fishery products (hereinafter “instant business”) with its main office located in Yongsan-gu Seoul Metropolitan City No. 702.

B) On February 24, 2009, the Plaintiff entered into the Investment Sea Convention with the content that the Plaintiff would engage in the instant business by newly building a factory in the Seocho-si Complex and newly constructing a factory in the Seocho-si Complex, and on December 22, 2009, the Plaintiff entered into the 3,294 square meters of the land for a factory in the Sinsi-si (hereinafter “instant land”).

(2) On August 18, 201, the Plaintiff transferred the location of the headquarters to the instant land in accordance with the said Investment Sea Convention, and completed the registration of relocation of the head office on August 26, 201.

On December 15, 2011, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on the instant land, after full payment of the purchase price under the above sales contract at the Seocho-si.

3) On December 28, 201, the Plaintiff was a factory on the ground of the instant land pursuant to the said Investment Sea Convention (hereinafter “instant factory”).

(2) Around December 2012, 2012, a new construction has commenced and completed the registration of ownership preservation in the future of the Plaintiff on February 13, 2013. (2) Around September 2013, the Plaintiff applied for the payment of the land purchase subsidy and the investment subsidy under Article 2 subparag. 9 of the Gangwon-do Ordinance on Support for Investment Attraction (hereinafter “Seoul-do Ordinance”), Article 2 subparag. 9 of the Ordinance on Promotion of Investment Inducement (hereinafter “Ordinance”), Article 2 subparag. 9 of the Seocho-si Enterprise and Investment Inducement (hereinafter “Seoul-do Ordinance”), Article 2 subparag. 10 of the Gangwon-do Ordinance on Promotion of Investment Inducement, Article 2 subparag. 10 of the Seocho-si Municipal Ordinance, Article 2 subparag. 10 of the Seocho-si Municipal Ordinance.

2) Accordingly, on April 17, 2014, the Defendant set the period for implementing the mandatory project with respect to the Plaintiff on five years, and added up KRW 913,123,00,00 in total, including land purchase subsidies of KRW 46,766,00, and investment subsidies of KRW 866,357,00 (hereinafter referred to as “instant subsidies”).

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