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(영문) 인천지방법원 2017.11.16 2016구합52563
마을기업 지정취소처분 무효확인 등의 소
Text

1. On March 18, 2016, the Defendant confirms that the disposition to revoke the designation of a village company against the Plaintiff is invalid.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff was established on December 29, 2004 for the purpose of inheritance and development of gold dancing (former name: B), and after November 1, 2013, it is an incorporated association with the purpose of academic research and presentation for the dissemination of traditional folklore culture, publication of books related to traditional culture, publicity, production and distribution of video works, etc.

B. On November 17, 2013, the Minister of the Interior designated the Plaintiff as a village company based on the guidelines for implementing the Village Enterprise Promotion Project by the Ministry of the Interior (hereinafter “instant guidelines”). On November 28, 2013, Nam-gu Incheon Metropolitan City entered into an agreement on support for the Village Enterprise Promotion Project (hereinafter “instant support agreement”) with the Plaintiff in accordance with the instant guidelines, and the main contents thereof are as follows.

Article 1 (Purpose) The purpose of this Agreement is to prescribe all matters necessary for the fostering and support of village enterprises between the Nam-gu Incheon Metropolitan City and the plaintiff.

Article 4 (Use, etc. of Subsidies) (1) The subsidies paid to the plaintiff by the Nam-gu Incheon Metropolitan City shall be used for the original project plan and the available business plan, and shall not be used for any

(2) The plaintiff shall implement a project in accordance with the business plan and the details of budget items decided to be implemented, and where he/she intends to change the details of the project and the details of budget items, he/she shall obtain prior

Article 8 (Return and Recovery of Subsidies) (1) Where the Plaintiff has received subsidies by fraudulent application or other unlawful means, the entire subsidy shall be returned in accordance with the provisions of the Acts and subordinate statutes and the terms and conditions of granting subsidies.

Where the head of a central government agency violates any Act and subordinate statutes, the same shall also apply.

(2) Where the plaintiff uses subsidies unjustly differently from the first business plan without approval of the Nam-gu Incheon Metropolitan City, he/she shall use them for illegal demonstration activities and for project development expenses.

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