농지처분명령취소
1. The Defendant’s order to dispose of farmland to the Plaintiffs on May 8, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of disposition;
A. On August 3, 2011, the Plaintiffs completed the registration of ownership transfer with respect to 1/3 shares out of D 24,229 square meters (hereinafter “instant land”) in Haan-gun, Haan-gun, Gyeongnam-gun, Chungcheongnam-do due to the sale by voluntary auction (hereinafter “instant land”).
B. On April 13, 2017, the Defendant notified the Plaintiffs that the instant land should be disposed of within one year pursuant to Article 10 of the Farmland Act (from April 14, 2017 to April 13, 2018) on the ground that the instant land acquired for the purpose of agricultural management was confirmed not to be actually used for agricultural management (from September 1, 2016 to November 30, 2016) and the reinspection (from April 4, 2017 to April 6, 2017) and that the order for disposal may be postponed for three years from the date on which the period of obligation for disposal under Article 12 of the Farmland Act expires if the Plaintiffs use the said land for their own agricultural management.
C. As a result of the investigation into the actual status of farmland utilization in 2016, the Defendant: (a) notified the Plaintiffs of the order to dispose of the instant land from May 8, 2018 to November 7, 2018 (hereinafter “each of the instant dispositions”) based on Article 11 of the Farmland Act, based on the determination that the instant land is still not yet used for agricultural management; (b) the Defendant filed an objection on the ground that the Plaintiff used the portion of each of the instant dispositions against the said Plaintiff for agricultural management from March 21, 2018 to March 7, 2018. The Defendant, on January 21, 2019, considered that the instant land was not yet used for agricultural management; and (c) notified the Plaintiffs of the order to dispose of the instant land during the period from May 8, 2018 to November 7, 2018 (the period of grace from April 21, 2017 to April 18, 2017).