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(영문) 광주고등법원(전주) 2019.01.14 2018누1751

농지전용부담금부과처분취소

Text

1. Revocation of the first instance judgment.

2. The Defendant imposed farmland preservation charges on the Plaintiff on December 24, 2012.

Reasons

1. Details of the disposition;

A. In accordance with the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies and the Housing Site Development Promotion Act as joint implementers, the Plaintiff and the Jeonbuk Development Corporation (hereinafter “Plaintiff, etc.”) obtained approval of a development plan for the development project for the Jeonbuk-do Innovation City Development Project on the land of 10,14,75 square meters in the Jeonbuk-si, Jeonbuk-si, the Jeonbuk-si, the Jeonbuk-si, the Jeonbuk-do, and the Jeonbuk-do, the Jeonbuk-si, the Jeonbuk-si, the Seoul Special Metropolitan City (hereinafter “instant project”) from the Minister of Land, Transport and Maritime Affairs on September 4, 2007. The implementation plan was approved on March 208.

B. In approving the above implementation plan, on February 21, 2008, the Minister of Land, Transport and Maritime Affairs consulted with the defendant to whom the authority to consult on farmland conversion was delegated by the Minister for Food, Agriculture, Forestry and Fisheries on farmland conversion of the land category of 3,681,660 square meters in the project site of this case, such as a dry field and dry field, and on June 25, 2008, the defendant imposed farmland preservation charges of 17,783,554,680 square meters in farmland preservation charges on the plaintiff et al. on June 25, 2008, and the plaintiff et al. paid farmland preservation charges to the defendant joining the defendant entrusted with the duty to collect farmland preservation charges in accordance with the relevant statutes on July 208.

C. Since March 201, the Plaintiff, etc. obtained approval for the change of an implementation plan from the Minister of Land, Transport and Maritime Affairs following the change of the internal development plan on March 201. In this regard, the Defendant, on March 29, 2011, consulted with the Minister of Land, Transport and Maritime Affairs on the change of farmland farmland of 167,18 square meters in land, such as a dry field and paddy field, the land category entered in the additional register, and the Defendant additionally imposed farmland preservation charges on the Plaintiff, etc. according to the data on imposition of farmland preservation charges submitted by the Plaintiff, etc. on the said part. The Plaintiff, etc. paid the said additional farmland preservation charges to the Intervenor.

In addition, the defendant who received notification from the defendant joining the defendant of omission of farmland preservation charges.