농지보전부담금환급
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Basic Facts
The Plaintiff is a corporation that carries out a new housing construction project (hereinafter “the instant housing construction project”) that newly constructs apartment units at KRW 152-6,00,000 in South-si, Namyang-si, with the approval of the project plan for the instant housing construction project from the Namyang-si Mayor on June 1, 2010, and the permission for diversion of farmland was deemed to have been deemed to have been granted by consultation on farmland 70,866 square meters in accordance with the approval of the project plan.
Accordingly, on July 30, 2010, pursuant to Article 52 of the former Farmland Act (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Farmland Act”), the Namyang-ju City, which was delegated by the Minister for Food, Agriculture, Forestry and Fisheries with the authority of the Minister, Food and Rural Affairs, imposed farmland preservation charges on the Plaintiff (hereinafter “instant disposition”). On October 7, 2011, the Plaintiff paid farmland preservation charges of KRW 3,464,55,640 and additional charges of KRW 173,27,830 in total, KRW 3,637,784,470.
[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 4 (including the number of each branch number in the case of additional serial number), the fact inquiry conducted on August 15, 2017 on the south Yangyang market of this court, the plaintiff filed an application for the return of farmland preservation charges by mistake and error in the purport of the entire pleadings, and filed an application for the permission for the diversion of farmland, and the plaintiff filed an application for the permission for the diversion of farmland, 4,063 square meters in total, including six parcels of land (160, 190-2, 190-10, 190-11, 190-1, 190-12, 191-10, 191-10, hereinafter referred to as "specific land items of land") other than farmland. The land category was changed to the previous land category before the approval of the construction plan for the housing construction project of this case, and the previous land category was changed to the previous land category No. 2017, 197.