[농지사용목적변경인허취소처분취소][집10(2)행,043]
Claim for revocation of change of purpose of use of farmland which is not subject to administrative litigation
Since the purpose of use change permission and its cancellation are related to the enforcement of this Act, it shall be filed by civil litigation and shall not be filed by administrative litigation.
Articles 6(1)9, 22, 23, and 24 of the Farmland Reform Act;
Korea Electric Power Corporation
Minister of Agriculture and Forestry
Seoul High Court Decision 60Da128 delivered on April 12, 1961
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
The grounds of appeal by the plaintiff's attorney are as follows.
According to Article 22 (1) of the Farmland Reform Act, interested parties who have an objection to the implementation of this Act can file an application for the reconsideration of the Farmland Reform Committee. According to Article 24 of the farmland Reform Act before the revision, interested parties may file a suit with the competent competent court where they fall under the following. Therefore, interested parties who have an objection to the implementation of the Farmland Reform Act must file a suit with the competent court as civil litigation against the opposing interested parties via the Farmland Reform Committee and can not file a suit as to the implementation of the Farmland Reform Act as well as the change of purpose of use and revocation thereof can not be seen as a matter of the farmland Reform Act, which is naturally listed in the State as a matter of principle, but can not be seen as being subject to the change of purpose of the farmland Reform Act after the revision of the Farmland Reform Act, and therefore, it is not necessary to purchase farmland from the State if it is recognized that there is a need for the change of purpose of use by all interested parties at the time of the revision of the Farmland Reform Act, and therefore, the plaintiff's new farmland Reform Act should not be recognized as an amendment of the Farmland Reform Act.
Justices of the Supreme Court (Presiding Judge)