불법농지전용에 대한 원상회복명령처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On July 2018, the Plaintiff installed a liquid manure storage tank (hereinafter “instant treatment facility”) located on the ground of 7,363 square meters (hereinafter “instant land”) in Gangwon-gun, Gangwon-gun, Gangwon-do, a farmland, on the ground (hereinafter “instant land”).
On September 6, 2018, the Defendant issued an order to reinstate the farmland after removing the instant disposal facilities by November 23, 2018 on the ground that the Plaintiff installed the instant disposal facilities without undergoing procedures for farmland diversion, such as permission for farmland diversion under Article 34 of the Farmland Act, and installed the disposal facilities of this case, and subsequently, ordered the Plaintiff to reinstate the farmland as farmland.
(2) On May 1, 2013, the Plaintiff filed a report on the installation of livestock excreta discharge facilities in order to install the instant disposal facilities, which are livestock excreta discharge facilities, along with the livestock excreta discharge facilities, on the ground of the instant land on May 1, 2013. The Plaintiff succeeded to the status of the installer of livestock excreta discharge facilities and installed the instant disposal facilities. The instant disposal facilities constitute livestock excreta treatment facilities, which are annexed facilities to livestock pens that can be installed without undergoing the farmland diversion procedure in accordance with the Farmland Act.
Nevertheless, the Defendant issued the instant disposition on the premise that the instant disposal facility is a facility that ought to undergo the farmland diversion procedure, which is unlawful.
On May 1, 2013, the Defendant did not attach the condition that the report on the installation of livestock excreta discharge facilities on the instant land should be accepted, but on June 4, 2018, the Plaintiff’s livestock excreta disposal support project site should be approved for the alteration of the instant land, such as obtaining permission on the diversion of farmland under the Farmland Act at the time of approving the alteration of the instant land. The Defendant’s public official in charge should dispose of the instant land.