건축에 관한 소송
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for adding a judgment as to the plaintiff’s argument below, and thus, this case’s assertion is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the Plaintiff’s assertion of the trial
A. (1) Determination on the Plaintiff’s assertion on the criteria for permission to divert farmland (1) should be made by applying the criteria under each subparagraph of Article 37(2) of the Farmland Act instead of Article 33(1)4 of the Enforcement Decree of the Farmland Act in granting a building permit accompanying the construction of a new child care center on the instant land on the Plaintiff’s assertion. The Defendant’s disposition of this case on the ground that it does not meet the criteria under Article 33(1)4 of the Enforcement Decree of the Farmland Act with respect to the Plaintiff
(2) In relation to the permission for diversion of farmland, Article 34(2) of the Enforcement Decree of the Farmland Act provides that "the Minister of Agriculture, Food and Rural Affairs, the head of a local government, etc. shall determine whether to approve the request after examining the matters falling under each subparagraph of Article 33(1) of the Enforcement Decree of the Farmland Act if he/she requests consultation on diversion of farmland pursuant to Article 34(2) of the Farmland Act," and Article 33(2) of the Enforcement Decree of the Farmland Act provides that "the Minister of Agriculture, Food and Rural Affairs shall not grant permission to divert farmland if he/she fails to meet the criteria for examination pursuant to Article 33(1) of the Enforcement Decree of the Farmland Act," and Article 33(1) of the Enforcement Decree of the Farmland Act provides that "the Minister of Agriculture, Food and Rural Affairs shall not violate Articles 32 and 37 of the Farmland Act" as one of the criteria for examination of permission for diversion of farmland.