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(영문) 춘천지방법원 2019.11.05 2019구합51473
지방이전기업 입지보조금 교부결정취소 및 환수결정처분 취소청구의 소
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. On December 13, 2007, the Plaintiff paid subsidies and occupied an agro-industrial complex (1) on December 13, 2007, the land for factory in Gangwon-gun C, Gangwon-do, which is located in a B complex from the Defendant (hereinafter “instant land”).

(B) A contract for the occupancy of a complex and the sale of a site was entered into with the content of the purchase and the occupancy therein (hereinafter “instant contract”).

(2) In December 2007, the Defendant issued a decision to grant subsidies of KRW 4,244,310,890 among the site purchase costs ( KRW 3,181,943,050, KRW 531,183,920, respectively) to the Plaintiff and 16 companies, including the Plaintiff, etc., who moved to the Crossing-gun, to the Crossing-gun.

Accordingly, on December 31, 2007, the Plaintiff received support of KRW 233,225,440 among the purchase cost of the instant land ( KRW 186,580,350, KRW 23,322,540, KRW 23,540, respectively, for the national expenses, KRW 186,580, KRW 350, and Do expenses and military expenses).

(3) As to the instant land, the Plaintiff completed the registration of transfer of ownership on February 11, 2008, and completed the registration of creation of a redemptive right with a redemption price of KRW 233,225,440 against the Crossing-gun. On July 8, 2013, the Crossing-gun completed the registration of creation of a collateral right with a maximum claim amount of KRW 279,870,00 with respect to the instant land. 4) The Plaintiff newly constructed two factories on the instant land (hereinafter “instant factory”) and completed the registration of preservation of ownership on July 3, 2012, respectively.

B. On November 10, 2017, the Plaintiff Company D (hereinafter “D”) on November 10, 2017

(2) On December 15, 2017, the Plaintiff returned the total amount of KRW 256,445,740, total interest on the instant subsidy to Crossing-gun, and on January 16, 2018, cancelled the registration of the establishment of a Crossing-gun on the instant land on December 16, 2018.

3 Crossing-gun's 205,309,950 won equivalent to national expenses from among subsidies returned by the plaintiff around that time, and 25,63,750 won equivalent to national expenses from the Republic of Korea, and Do expenses.

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