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(영문) 광주지방법원 2021.01.21 2019구합14285
FTA폐업지원금 반환처분 취소 청구의 소
Text

The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In March 15, 2012, 2016 and the implementation of the Free Trade Agreement (hereinafter “FTA Agreement”) based on the Special Act on Assistance to Farming and Fishing Business Operators following the Conclusion of the Free Trade Agreement, etc. to support farmers, etc. who have difficulty in continuing cultivating and raising Blus, etc., due to the implementation of the said Act (hereinafter “FTA Agreement”), implemented the “subsidies for discontinuance of the Free Trade Agreement” (hereinafter “the instant subsidies for discontinuance of the business”), which, in the event of removal or destruction of land and standing timber used for growing and production of Blus, from March 15, 2012, which is the date of entry into force of the FTA Agreement, to support farmers, etc. who have difficulty in continuing raising and raising Blus, etc., such as Blus.

B. On July 29, 2016, the Plaintiff: (a) cultivated B, C, and Gwangju Nam-gu each land (hereinafter collectively referred to as “the instant application site”); (b) applied for the grant of the instant subsidies for discontinuance of business on July 20, 2016 for the size of 4,279 square meters, which is 4,279 square meters, prior to the entry into force of the Free Trade Agreement, among the total area of 16,422 square meters in the instant application site; and (c) on December 20, 2016, the Plaintiff paid the Plaintiff subsidies for discontinuance of business at KRW 68,419,540.

(c)

B. From 2015 to 2017, for a farmer within a certain scope who wishes to grow Blulue within the jurisdiction of the State by carrying out the "Promotion Project for Special Small Trees Blulu Blube" (hereinafter referred to as the "Promotion Project in this case")

The Plaintiff, on October 25, 2016, and August 8, 2016, acquired ownership of E and F land (hereinafter “instant G land”). Around March 2017, the Plaintiff clarified a plan to plant the instant G land on the said G land and filed an application for subsidies pursuant to the instant promotion project, and around December 5, 2017, the Plaintiff paid KRW 16,40,000 to the Plaintiff according to the instant promotion project.

The Plaintiff received the above subsidies and planted 1,000 Sbluis 1,00 shares on the instant G land.

(d)

The defendant.

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