A. The plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act, and the defendant is the subject to the farmland preservation charges.

B. On October 2008, the Plaintiff applied for a construction permit for the purpose of constructing warehouse facilities on the land outside 40-2 of Ulsan-gun, Ulsan-gu, Ulsan-gu, Ulsan-do and six parcels, and obtained a construction permit around December 2008. The permission for the diversion of farmland was deemed granted pursuant to Article 11 of the Building Act.

C. On December 2008, the head of Ulsan Special Metropolitan City Gun imposed KRW 82,324,050 on the Plaintiff by applying Article 38(1) and (6) of the Farmland Act with regard to the permission to divert farmland.

(hereinafter referred to as the Disposition in this case).

The Plaintiff paid farmland preservation charges imposed on January 2, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 4, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s major assertion (1) is exempt from farmland preservation charges pursuant to Article 8 of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”).

Nevertheless, the disposition of this case imposed on the Plaintiff is illegal, and its defect is deemed null and void as it is significant and apparent.

The defendant is liable to pay 82,324,050 won to the plaintiff for unjust enrichment. Thus, the defendant is liable to pay 82,324,050 won to the plaintiff as the return.

(2) Even if the Defendant’s assertion that the instant disposition was unlawful, it cannot be deemed that the defect is serious or obvious and thus null and void. Thus, the Defendant cannot be held liable to return unjust enrichment, unless the instant disposition is revoked.

B. (1) As to the illegality of the instant disposition, (a) the legislative purport of the former Agricultural Cooperatives Act (amended by Act No. 9761 of Jun. 9, 2009), Article 8 of the Agricultural Cooperatives Act, and Presidential Decree of June 26, 2009 of the former Enforcement Decree of the Farmland Act.