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(영문) 광주지방법원 2015.05.20 2015고단383

농지법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person running a “limited liability company C” in the instant facts charged.

A person who intends to divert farmland outside an agricultural promotion area shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

The Defendant, without obtaining permission from the Minister of Agriculture, Food and Rural Affairs from November 23, 2013 to May 18, 2014, 2014, carried out the ground stop work, 2,621 square meters of land in Seo-gu, Gwangju-gu, Gwangju-gu, 896 square meters, E land 912 square meters, and F land 81 square meters of land (hereinafter “instant land”), and used it as a parking lot of a limited company C.

Accordingly, the Defendant diverted farmland without permission.

2. According to the evidence duly examined on the basic facts, the following facts can be acknowledged.

The Defendant, who operates a limited liability company C, purchased the instant land designated as “shared” on the public register and used it as a garage.

B. The Defendant purchased the test owned on March 9, 2013 and completed the registration of ownership transfer on July 24, 2013.

After that, the Defendant cancelled the above sales contract on August 5, 2013 and cancelled the registration of ownership transfer, but continued to lease and use it.

C. A container used as a “building material or a temporary office at a construction site” was installed for a long time in the instant land, and construction materials were installed at a place, and some of them were used as a miscellaneous land, such as a parking lot.

In addition, the farmland could not be used as farmland due to the collapse and miscellaneous erosion at the place of the instant land.

At the time of the registration of transfer of ownership, the Defendant paid acquisition tax, etc. accordingly on the ground that “the instant land constitutes miscellaneous land.”

On June 10, 2013, the Defendant applied for permission to divert the farmland of this case to the Seo-gu, Gwangju, for use as a garage.

However, in order to obtain permission on diversion of farmland, the Defendant registered the land.