농지취득자격증명미발급처분취소
1. The Defendant’s disposition of non-issuance of the qualification certificate for acquisition of farmland against the Plaintiff on September 3, 2018 is revoked.
2...
1. Details of the disposition;
A. On August 30, 2018, the Plaintiff became the highest bidder on the following goods subject to sale, which are located in the Gu, Si, Gu, Si, Do (hereinafter “D”) at the sale date of the real estate auction case for Daegu District Court Kimcheon-gu Seoul Special Metropolitan City Kimcheon-si C.
In the state of the use of the display shares of real estate Nos. 1 E, 1 E, 258С 1/5 village access roads of each of the instant land 2F 3 G G 3, 99㎡ 1/5,000 square meters in each of the instant land, 4 H 1,040 square meters in each of the instant land, and 1/5,040 square meters in each of the instant land, and 1/5,040 square meters in each of 1,040 square meters in each of 331 square meters in each of 5 I forest land, and 1/5,000 in each of 6 JJ 256 square meters in each of the adjoining land, and 1/8,000 square meters in each of the agricultural machinery storage in each of the instant land,
B. On August 30, 2018, the Plaintiff filed an application with the Defendant for issuance of the qualification certificate for acquisition of farmland in order to acquire each land for sale listed in Nos. 1, 2, 3, and 4 (hereinafter referred to as “each land of this case”, and each land of this case is referred to as “the item”).
C. As a result of the examination of eligibility for each of the instant farmland, each of the instant land requires the issuance of a qualification certificate for acquisition of farmland at the time of acquisition, due to the change of the form and quality of illegal buildings, and need to be restored to its original state, and may not be issued a qualification certificate for acquisition of farmland at present. On September 3, 2018, the Defendant issued a notice of non-issuance of the said application (hereinafter “instant disposition”) on the following grounds.
The current status of each land of this case is as shown in attached Form 1.
E. The statutes related to the disposition of this case are as shown in attached Form 2.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 1 evidence (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. In the first place of the Plaintiff’s assertion, the Plaintiff submitted the agricultural management plan, farmland restoration, and farming plan to the Defendant.