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(영문) 대구고등법원 2014.10.17 2014누4109
보조금교부결정취소및반환처분취소
Text

1. All appeals filed by the plaintiffs except the plaintiff A and the defendant against the plaintiff A are dismissed.

2...

Reasons

1. Details of the disposition;

A. In order to support the installation of energy-saving heating and temperature facilities to facilities farmers, the Defendant carried out the “Support Project for Timber pelpellets in 2010, and 201” (hereinafter “instant Project”). The Defendant provided subsidies to 60% of the project costs (30% of the national expenses, 9% of the Do expenses, and 21% of the Si expenses).

B. Plaintiff A’s husband B (Death on November 24, 201) and the rest of the Plaintiffs were selected as a business entity subject to the instant project in Kimcheon-si. The Defendant paid subsidies following the implementation of the instant project to B and the remaining Plaintiffs each of the subsidies indicated in the “amount of the refund disposition” column in the attached disposition sheet (hereinafter “instant subsidies”).

C. On October 24, 2012, the Defendant: (a) revised the former Act on the Budgeting and Management of Subsidies (amended by the Subsidy Management Act, July 25, 201; hereinafter “former Subsidy Management Act”) with respect to the Plaintiffs on October 24, 2012.

) The decision to grant subsidies in accordance with Article 17 of the Ordinance on the Management of Subsidies in the ordinary North-do and Kimcheon-si on the ground that the subsidy was granted in violation of Articles 30 and 31 was granted, and the decision to grant subsidies in this case is revoked, and "the order to return the subsidy in this case"

D. The Plaintiffs filed an administrative appeal, but the Gyeongbuk-do Administrative Appeals Commission rendered a ruling to dismiss all the Plaintiffs’ claims on March 25, 2013. [Grounds for recognition] The fact that there is no dispute, Gap’s 1, 4, and 6, Eul’s 4 through 8, 10, and 11 (each entry, including a provisional number, and the purport of the whole pleadings).

2. According to Articles 30 and 31 of the former Act on the Management of Subsidies, Article 17 of the Ordinance on the Management of Subsidies from Gyeongcheon-si, and Article 17 of the Ordinance on the Management of Subsidies from Gyeongcheon-si, there are only provisions regarding the cancellation of the decision to grant subsidies and the order to return the subsidies.

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