농지취득자격증명발급거부처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 15, 1993, the Plaintiff entered into a sales contract with the deceased B (hereinafter “the deceased”), and with respect to the area of 475 square meters among the area of 1,603 square meters in Yongsan-gu, Seoyang-gu (hereinafter “the land before the instant subdivision”), and entered into a sales contract with respect to the area of 495 square meters among the land before the instant subdivision on July 6, 1995. < Amended by Act No. 4995, Jul. 6, 1995>
B. On November 11, 1995, the land prior to the instant partition was divided into three parts: (a) Ilyang-gu, Ilyang-gu, Seoyang-gu, Seoul-gu, 495 square meters (the Plaintiff’s ownership), and (b) 1,108 square meters (the deceased’s ownership; hereinafter “instant land”).
C. On December 15, 1993, the Plaintiff filed a lawsuit against the Deceased on the part of 475/108 of the instant land, seeking the implementation of the procedure for ownership transfer registration on the ground of sale and purchase on December 15, 1993, and received a favorable judgment on November 2, 201 (No. 201Da35817). The said judgment became final and conclusive on November 26, 2011.
On June 14, 2016, the Plaintiff filed an application with the Defendant for the issuance of the qualification certificate for acquisition of farmland for the purpose of acquiring the ownership of 475/108 portion of the instant land. However, on June 20, 2016, the Plaintiff rejected the application for the issuance of the qualification certificate for acquisition of farmland for which the qualification certificate for acquisition of farmland is to be issued at the time of acquisition, or on the ground that the form and quality of farmland for which the qualification certificate for acquisition of farmland is to be changed at the time of acquisition, or the restoration of the portion with illegal buildings is required, and it is not possible to issue the qualification certificate under the present condition (hereinafter “instant disposition”).
[Ground of recognition] A without any dispute, Gap's 1 through 6, Eul's 1 or 4, the purport of the whole pleadings and arguments
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is one of the following: (a) the Plaintiff had no authority to arbitrarily remove or restore the building constructed on the instant land; and (b) the Defendant was obligated to control and order the removal of an illegal building; and (c) the Defendant did not perform his/her obligations.