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(영문) 광주지방법원 2020.12.10 2020구합11077
감봉3월 처분 취소 청구의 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. The Plaintiff was appointed as a military public official of February 4, 1986, and served in B military investment policies from September 4, 2017 to July 31, 2018.

B. B around January 2012, the name was changed to the Ministry of Agriculture, Food and Rural Affairs according to the Government Organization Act amended by Act No. 11690 on March 23, 2013.

On March 15, 2012, the Minister filed an application with the Minister for Food, Agriculture, Forestry and Fisheries for a project to create and develop agro-industrial complexes (hereinafter referred to as "agricultural and industrial complex project"), and the Minister for Food, Agriculture, Forestry and Fisheries selected B as a subsidy project subject to the subsidy granted on March 15, 2012.

B The Gun shall determine the project of the agro-industrial complex as a complete private development method, and on December 4, 2014, Co., Ltd. D (hereinafter referred to as “non-industrial complex”) a special purpose corporation established for the project of the agro-industrial complex around October 2014 (hereinafter referred to as “non-industrial complex”).

(i) designate 80 per cent and 20 per cent of the F Co., Ltd. as an executor of an agro-industrial complex project.

C. B on February 28, 2014, the Ministry of Trade, Industry and Energy established a G Logistics Center on the ground of an agro-industrial complex created by B-Gun agro-industrial complex, and the non-party partnership, etc. which entered into an agreement on the entrusted operation with B-Gun, uses the above logistics center business.

The Administrator of the Small and Medium Business Administration applied for government subsidy projects, and the Administrator of the Small and Medium Business Administration selected the logistics center project as a subsidy program.

The plaintiff was in charge of the execution and management of the logistics center's business and the grant of subsidies at the time of serving in the B military investment policies.

On December 2, 2017, the Plaintiff: (a) granted a subsidy of KRW 691 million to a non-party partnership, an indirect subsidy program operator for the logistics center project; (b) purchased the site for the logistics center in an unbuilt state from a non-party company from the non-party company to KRW 3.97 million; and (c) granted a down payment and remainder of the purchase price to the non-party partnership.

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