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(영문) 대전지방법원 2018.09.06 2017구합101637
보상금환수처분취소청구 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. A. Around June 11, 2008, the Plaintiff registered the livestock breeding business to the Defendant with the content of raising Chinese cattle in the Chungcheongnam-nam Budget Unit B.

B. On May 31, 2013, the Minister of Agriculture, Food and Rural Affairs, pursuant to Article 9 of the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of Free Trade Agreements (hereinafter “Free Trade Agreement Agriculture and Fisheries Act”) and Article 6 of the Enforcement Decree of the Special Act on Assistance to Farmers, Fishermen, etc. following the Conclusion of Free Trade Agreements (hereinafter “Enforcement Decree of the Free Trade Agreement”) selected and publicly announced items eligible for subsidies for discontinuance of business operation

(Notice of Ministry of Agriculture, Food and Rural Affairs No. 2013-106).

On August 5, 2013, pursuant to Article 9 of the Free Trade Agreement Agriculture and Fisheries Act, etc., the Plaintiff applied for the payment of the closure subsidy to the Defendant in 2013, and on December 31, 2013, the Plaintiff signed the “written confirmation of the matters to be performed after the receipt of the closure subsidy after the receipt of the closure subsidy,” stating, “The recipient of the closure subsidy may not directly raise, or be entrusted with, the only five years in the next five years. In the event of a violation of the foregoing provision, the Plaintiff shall recover the subsidy and file a criminal complaint.”

(hereinafter referred to as “instant confirmation”). D.

On May 19, 2014, the Defendant decided on May 19, 2014 against the Plaintiff on the condition that “the instant conditions are limited to only one of the five years following the future (including the children), and to be eligible for the payment of the closure subsidy in 2013 (hereinafter “decision on the payment of the closure subsidy of the instant case”). Accordingly, on October 15, 2014, the Defendant paid the Plaintiff a subsidy of KRW 86,675,00 on the closure subsidy of the business of KRW 97 (the amount of KRW 91, the amount of KRW 65,00 for the Plaintiff.

On October 20, 2014, the Plaintiff closed a Korean-style cattle breeding business.

- A livestock shed raised by a person eligible for assistance in the closure of Korean-style cattle shall be restricted to Chinese-style cattle (including cattle cattle) and cattle breeding for the next five years.

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