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(영문) 수원지방법원 2014.05.22 2013가단85048
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2009, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the Korea Asset Management Corporation and the State-owned Suwon-si B land (hereinafter “instant land”) with the purpose of its use as land, buildings, structures, machinery, and farmland, and with the period from March 6, 2009 to March 5, 2014, with the loan fee of KRW 45 million (excluding the surcharge of KRW 32,347,000) (hereinafter “instant loan agreement”).

B. The Plaintiff, using the instant land, submitted to the Defendant an application for a project aimed at providing various kinds of opportunities for experience by providing Do residents with opportunities for weekend farming and farming experience, sports facilities, resort facilities, meals, or services using the natural resources and production infrastructure of rural communities, or by allowing them to use the incidental facilities, thereby raising profits and fostering a farm systematically and raising a variety of opportunities for experience.

C. From April 2010 to November 201 of the same year, the Defendant (specificly the same as Suwon City Agricultural Technology Center under Suwon City; hereinafter the same shall apply) carried out the business of “Silver farm and Green Desired farm with disability” where part of the farm located in the C farm located on the instant land (hereinafter “C farm”) is sold free of charge to senior citizens aged 65 years or older, who reside in Suwon City, and to special schools and disabled persons at Suwon City.

On January 31, 2011, the Plaintiff submitted to the Defendant an application for urban agriculture assistance project with the name of the business as D development project. On March 14, 2011, the Defendant designated the Plaintiff as an “2011 Urban Agriculture Aid Project Operator” and provided the Plaintiff with subsidies of KRW 40 million on November 17, 201, and provided technical guidance and business advice between 2010 and 2012.

E. Meanwhile, on April 3, 2010, the Plaintiff’s representative E attended the opening ceremony of a Cecological farm held by the Defendant, and participated in the opening ceremony of a veterinary farm on April 9, 201.

(f).

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