농지처분명령취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Details of the disposition;
A. On November 13, 2014, the Plaintiff completed the registration of ownership transfer with respect to B, 271 square meters (hereinafter “instant land”) on February 17, 2015 due to the sale by voluntary auction on November 13, 2014.
B. On June 28, 2017, the Defendant notified the Plaintiff of the disposal of the instant land within one year (from August 1, 2017 to July 31, 2018) based on Article 10 of the Farmland Act, on the ground that the instant land acquired by the Plaintiff for the purpose of agricultural management was confirmed not to be used for actual agricultural management (from September 1, 2015 to November 30, 2015) as a result of the fact-finding survey on the use of farmland in 2015 (from September 1, 2015 to November 30, 2015), and issued a notice of obligation to dispose of farmland within three years from the date on which the disposal period may be postponed pursuant to Article 12 of the Farmland Act if the Plaintiff uses the said land for his/her own agricultural management.
(hereinafter “Notification of Obligation to dispose of the farmland of this case”) C.
From June 11, 2018 to June 22, 2018, the Defendant: (a) conducted a survey on the actual status of farmland utilization in 2015 pursuant to “the actual status of farmland utilization in 2015”; (b) determined that the instant land is still not used for agricultural management; and (c) notified the Plaintiff of an order to dispose of the instant land by August 23, 2018, based on Article 11 of the Farmland Act, to dispose of it until February 26, 2019, pursuant to Article 11 of the Farmland Act.
hereinafter referred to as the "disposition of this case"
(i) [In the absence of a dispute over the grounds for recognition, entry of Gap evidence 1, 5, Eul evidence 4 and 5, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. According to Article 55 of the Farmland Act, in order to notify the occurrence of an obligation to dispose of farmland that is not used for agricultural management, the subject of administrative disposition must undergo the hearing procedure.
The plaintiff visited the lower court in accordance with the defendant's notice of attendance at the hearing, but the defendant is in preparation for a specific event at that time.