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(영문) 서울고등법원 2017.01.12 2016누61077

농지처분명령 취소 청구

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance, except for adding the following judgments, is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence

2. Further determination 1) The Plaintiff asserts that the part of “bb” among the farmland in this case is indicated as road facilities on the map, and that the neighboring land owner applied the above part to the access road to the above “bb” and the building report cannot be seen as farmland any longer because it falls under the actual road. However, considering the following circumstances, the Plaintiff’s disposal of the farmland in this case cannot be seen as farmland in light of the fact that the part of “b” among the farmland in this case is indicated as a road on the map, namely, in terms of the entire purport of entry and pleading, and the following circumstances that can be seen as being comprehensively taken into account: (a) the above part of “b” among the farmland in this case is indicated as a road on the map; and (b) the neighboring land owner cannot be reported as access road under the Building Act; and (c) the above part cannot be seen as a farming road on the ground that the above part cannot be seen as farmland in this case on the ground that it still constitutes farmland in violation of the provisions of the Act on the investigation of actual condition of farmland in this case.

An order for disposal of farmland under the Farmland Act shall not be disposed of within the period of obligation for disposal stipulated in the notice of obligation for disposal of farmland.