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(영문) 부산고등법원 2015.07.24 2014누21752
구조조정 지원금 지급
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed at the trial.

3...

Reasons

1. Basic facts

A. On June 18, 1980, the Plaintiff registered the business with the trade name of “E” and completed registration of ownership preservation on the baseline B (hereinafter “B”) on November 11, 1996.

On the other hand, C registered its business with the trade name "F on July 4, 1990" and sold a flag D (hereinafter "D"), which is a ship owned by C, to the Plaintiff. Accordingly, C had the ownership transfer registration for D on November 14, 2007.

B. When the permission to extract aggregate was suspended from the late half of the year 2007, and the fourth river slaughter business for the members of the Nakdong River (hereinafter “the fourth river extraction business in this case”) was promoted, the Plaintiff, who entered into a charter party with the new technology industry corporation, etc. and operated the aggregate transportation business in the area under the mouth of the Nakdong River with the permission to extract aggregate from the middle half of the year 2007, was also engaged in the business of collecting aggregate from the middle half of the year 2007, and the business of collecting aggregate was discontinued on October 30, 2007.

C. Meanwhile, the head of the Busan Regional Construction and Management Administration, who is the project implementer of the 4rd River project in the instant case, established an implementation plan for the instant 4rd River, pursuant to Article 27 of the River Act, and publicly announced on March 5, 2010.

As the Aggregate Extraction Act was amended by Act No. 11362 on February 22, 2012 by Act No. 11362 on February 22, 2012, the Ministry of Land, Infrastructure and Transport pursuant to Article 10(3) of the same Act, which affects the supply and demand of aggregate, due to the rapid change in the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects or in other supply and demand of aggregate.

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