농업소득보전법 위반 직불금 미지급 처분 등 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. A. The land in the Seoul-gu Seoul Special Metropolitan City B is the land for which each ownership transfer registration has been completed in the name of E and five persons around 1932, in the name of C around 1927, and the name of D 1,164 square meters in the name of E around 1932.
B. On May 2015, the Plaintiff: (a) was owned by G clans; (b) the Plaintiff decided not to lease each of the instant lands to the Plaintiff at the clans meeting, by telephone from F on May 2015, 201, that the Plaintiff owned KRW 1,283 square meters and KRW 1,164 square meters (hereinafter “each of the instant lands”); and (c) the Plaintiff decided not to lease each of the instant lands to the Plaintiff.
Nevertheless, around May 18, 2015, the Plaintiff drafted a contract with H (C’s children) that leases each of the instant land for five years from May 18, 2015 to May 17, 2020 (hereinafter “instant contract”).
After that, the Plaintiff filed an application with the Defendant for registration of direct payments compensating for agricultural income from each of the instant land (hereinafter “direct payments”) along with the instant contract, and received subsidies from the Defendant after completing the registration.
C. On May 30, 2016, the Plaintiff decided not to lease each of the instant land to the Plaintiff at a clan meeting again from F, and received a content-certified mail requesting the collection of trees planted on each of the instant land by June 30, 2016.
Nevertheless, from 2016 to 2018, the Plaintiff filed an application for registration of direct payments for farmland of each of the instant land, etc. every year, and received subsidies from the Defendant after completing the registration.
Article 14(1)1 of the former Agricultural Income Preservation Act (wholly amended by Act No. 16858, Dec. 31, 2019; hereinafter “former Agricultural Income Preservation Act”) that the Defendant received KRW 569,160,00 in total as subsidies for each of the instant land after the Plaintiff submitted the instant contract from November 20, 2015 to 2018 was false or fraudulent.