농지불법전용원상회복명령 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 9, 2008, B obtained permission from the Defendant for the development of a horse breeding farm for 3,352 square meters in the petitioner-gu, Cheongju-si, Cheongju-si (hereinafter “instant site”). On May 29, 2008, B filed a report on the construction of a temporary building for stable, compost, etc. on the instant site with the Defendant on May 29, 2008, and on July 17, 2014, B obtained approval for the use of stable, compost, and manager on the instant site from the Defendant.
B. The Plaintiff leased the instant land and its ground from B, and operated a riding track (hereinafter “instant riding track”) with the trade name “D” from the instant land.
C. On April 3, 2015, the Defendant issued an order to reinstate the Plaintiff’s farmland to its original state as farmland until June 30, 2015 pursuant to Article 42(1)1 of the Farmland Act on the ground that the Plaintiff’s operation of the instant riding club constitutes “where farmland is diverted for any purpose other than agricultural management” under Article 34(1) of the same Act, on the ground that the Plaintiff diverted farmland without obtaining permission to divert farmland.
(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap evidence 1, Eul evidence 1 to 3, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that it is unnecessary to permit the diversion of farmland 1 constitutes “agricultural and fishing village riding facilities” under Article 2 subparag. 7 of the Horse Industry Promotion Act. The legislative intent of the Horse Industry Promotion Act, which is the economic revitalization of agricultural and fishing villages, Article 15(1) of the Horse Industry Promotion Act, where farmers and fishermen intend to operate the “rural horse riding facilities” under the Horse Industry Promotion Act, the provisions that enable them to be operated by reporting it to the head of the competent local government, and Article 16 of the Horse Industry Promotion Act excludes the application of the Installation and Utilization of Sports Facilities Act with respect to riding facilities installed under Article 15(1)