1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 18, 2008, the Plaintiff (hereinafter “Plaintiff Association”) received an application for new construction from the Defendant on August 18, 2008, and attached the new construction cost of KRW 91,000,000 in total to a single budget.

B. The Defendant reviewed what procedures under the Building Act, the Sewerage Act, the Management of Mountainous Districts Act, the Water Supply and Waterworks Installation Act, and the Groundwater Act in constructing temporary buildings of 364 square meters of a building area (208 square meters of a building, 156 square meters of a building) on the ground, D and E, which are land owned by the Ministry of National Defense, related to C relocation construction, and the State, were conducted. As a result, C to be newly built falls under a general building subject to a building permit under Article 11 of the Building Act on the ground of its use and the ground plan, and was subject to a report on installation of private sewage treatment facilities under the Sewerage Act.

C. On December 26, 2008, the Plaintiff Association was scheduled to pay KRW 31,000,000 out of the total cost of C Facility Repair Work to the Defendant as the financial resources of the Plaintiff Association’s own. The Defendant applied for the granting of KRW 60,000,000 to the Defendant.

On December 29, 2008, the Defendant notified the president of the Plaintiff Association on December 29, 2008 that the Defendant would pay C facility repair costs of KRW 60,000,000 under Article 6 of the Ordinance on the Management of the Subsidies of Taean-gun. Therefore, the Defendant notified the decision to grant the Plaintiff Association president to implement the project by complying with the terms and conditions of the grant.

The terms and conditions of the subsidy attached shall be as follows:

Use of subsidy: Military subsidy for facility repair works, and its use can not be used for any other purpose than facility repair works for the project applied for.

Modification of a project plan: The subsidized project operator shall not revise the project plan submitted at the time of application for subsidy without justifiable grounds.

Return of subsidies: A subsidy program operator may order the return of subsidies in violation of the purpose of subsidies.