농지보전부담금환급청구권 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant and C, D, E, and F (hereinafter “Defendant, etc.”) obtained permission to divert farmland and permission to construct the instant real estate in relation to the instant real estate, and paid farmland preservation charges to the State around 2016.
On August 29, 2016, the Plaintiff lent KRW 1.2 billion to G with funds necessary for the housing development project related to the instant real estate. On August 30, 2016, the Defendant et al. set up a collateral security on the real estate (hereinafter “instant real estate”) located outside of the Sink-si population H and five parcels owned by the Defendant et al., with the maximum debt amount of KRW 1.8 billion to the Plaintiff in order to secure the said loan principal and interest (hereinafter “instant loan”).
On August 29, 2016, the Plaintiff entered into an agreement with G and the Defendant, etc., and with the effect that “When an auction was conducted due to a failure to return a loan to the expiration date under a loan agreement, all of the authorization, permission and business rights pertaining to the instant project shall be transferred (including all the base costs) to the Plaintiff without any condition, and the Plaintiff shall succeed to the status of the authorized person, including rights to existing taxes and public charges such as farmland preservation charges, etc.” (hereinafter “instant agreement”).
G was unable to repay the instant loan by the due date, and the Plaintiff applied for a voluntary auction of the instant real estate, etc. on February 27, 2018 and received dividends of KRW 1,629,097,94 out of the amount of claim 1,668,216,986, and did not receive the remainder of KRW 39,018,992.
On the other hand, the defendant et al. lost ownership of the real estate of this case and thus the permission for farmland diversion was revoked.
관할관청의 업무처리지침에 따르면, 경매낙찰을 맏은 자가 신규 농지전용허가를 신청하면서 새로이 농지보전부담금을 납부하면 기존 수허가자에게 농지보전부담금을 환급하도록 되어 있다.
The successful bidder of the instant real estate shall be the defendant.