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(영문) 광주지방법원 2016.05.19 2015구합10483

농지보전부담금부과처분취소 청구의 소

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1. The Defendant’s imposition of farmland preservation charges in KRW 11,492,05,780 against the Plaintiff on November 24, 2014, 10,898,259.

Reasons

1. Details of the disposition;

A. The Plaintiff is a project implementer of the Gwangju Nam-gu Namdongdongdongdong-dong and Seo-gu Seoul Metropolitan City 937,648 square meters of Dong-dong as a project site for the development of the filial duty-1 urban development project in Gwangju-gu (hereinafter “instant project”).

B. The legal fiction of permission to divert farmland was that the Defendant approved the implementation plan of the instant project on January 7, 2009 by the Gwangju Metropolitan City Notice No. 2008-190, and the said implementation plan was approved pursuant to Article 19(1)8 of the former Urban Development Act (amended by Act No. 9401, Jan. 30, 2009) and the permission to divert farmland on farmland of 627,573 square meters and 592 lots included in the instant project site was deemed to have been granted pursuant to Article 19(1)8 of the former Urban Development Act.

C. The Defendant’s imposition of farmland preservation charges and the Plaintiff’s payment of farmland preservation charges (i) the Defendant rendered a decision to impose farmland preservation charges of KRW 7,687,167,400 on the Plaintiff on January 18, 2010 (hereinafter “the first disposition”).

(2) On April 19, 2010, the Plaintiff paid KRW 7,687,167,400 to the Defendant’s Intervenor who received payment of farmland preservation charges on behalf of the Defendant. (2) On February 14, 2011, the Defendant rendered a decision on February 14, 201 to the Plaintiff on the following grounds: “The initial disposition was made before it was amended by Act No. 11690, Mar. 23, 2013; Article 38(5) of the former Farmland Act (amended by Presidential Decree No. 2356, Dec. 8, 2011); Article 52 [Attachment Table 2] of the former Enforcement Decree of the Farmland Act (amended by Presidential Decree No. 2356, Dec. 23, 2011); and the Plaintiff additionally imposed the increase in farmland preservation charges to KRW 30,000,000 for multi-unit housing with a size exceeding 60,000 square meters as at the time of approval for the instant project.