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(영문) 대전지방법원 2019.05.23 2018구합103272
골재채취업 폐업지원금 반납처분취소 청구의 소
Text

1. The Defendant’s disposition to recover subsidies for the closure of aggregate extraction business against the Plaintiff on March 23, 2018 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff was a juristic person established on October 8, 2009 for the purpose of underwater aggregate extraction business, and completed the registration of aggregate extraction business with a type of business as a underwater aggregate extraction business on December 9, 2009, and has been engaged in underwater aggregate extraction business in the Geum River basin.

B. On October 23, 2009, the Plaintiff purchased, but disposed of it on January 11, 201, and subsequently acquired dredging vessels (B; hereinafter “the dredging vessels”) on May 7, 2010 and completed the transfer of ownership registration therefor.

(c) Prior to the amendment by Act No. 11690, Mar. 23, 2013; in order to support the restructuring of aggregate extraction business entities and related business entities among the water in which it is impossible to continue aggregate extraction business due to the implementation of the fourth river diversing project;

(a) The same shall apply;

Article 10(3) of the former Enforcement Rule of the Aggregate Extraction Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 1 on March 23, 2013)

(a) The same shall apply;

(2) According to Article 2-3, the Ministry of Land, Transport and Maritime Affairs announced by the Ministry of Land, Transport and Maritime Affairs No. 2012-515, Aug. 16, 2012; hereinafter referred to as the “instant guidelines”) provides for the guidelines for the implementation of the restructuring of aggregate extraction business following the implementation of

(d) The Plaintiff was enacted. D. The Plaintiff’s business (the date of the announcement of the project implementation plan: February 12, 2010; hereinafter “instant announcement date”).

() As a result of the failure to continue to operate an aggregate extraction business, on October 26, 2012, the Defendant filed an application for the payment of the subsidies for restructuring the aggregate extraction business pursuant to the instant guidelines with the Defendant on April 23, 2013, and the Defendant decided that the Plaintiff would be eligible for restructuring on April 23, 2013 following deliberation by the Committee for Deliberation on the Restructuring of Aggregate Extraction Business. E) The Defendant, in accordance with the said decision, once more than three times from July 8, 2013 to December 17, 2013, issued the Plaintiff the instant dredging line and the instant subsidies for purchasing equipment for screening aggregate lines, and KRW 353,828,000,000 (hereinafter referred to as the “instant subsidies for closure”).

A total of KRW 513,828,000 was paid.

(f) On June 30, 2015, the Board of Audit and Inspection of Korea has an aggregate extraction business under Article 2(4) of the instant Directive.

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