A. On November 8, 2018, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party B (hereinafter collectively referred to as “Plaintiff, etc.”) obtained permission to use and benefit from the public property for farming purposes with respect to the land owned by the Defendant as the owner of the area of 2,898 square meters (hereinafter “instant real estate”) located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the instant real estate, and the area of 1,375 square meters (hereinafter referred to as “the instant land”).

B. After that, on May 1, 2019, the Plaintiff et al. filed an application with the Defendant for permission to change the use of and benefit from the instant land to “culture” to “the construction of farmland for farming and agricultural use” (hereinafter “instant application”).

C. As to this, the Defendant rejected the instant application on June 28, 2019 (hereinafter “instant disposition”) on the ground that “the instant application should be used for the purpose of farming as farmland (land category: hereinafter “land category”), and thus, permission to change the use of public property for the purpose of building agricultural roads is unlawful.”

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 14, Eul evidence 3 and 4 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. For the following reasons, the instant disposition should be revoked as it is unlawful by abusing and abusing discretion by violating the principle of proportionality and the principle of equality.

(i) the Public Property and Commodity Management Act (hereinafter referred to as “Public Property Act”);

According to Article 20, the head of a local government may grant permission to use or profit from the relevant administrative property to the extent that the administrative property does not interfere with the purpose or use of the administrative property, and the place of application in this case is for the purpose of building a road for agriculture.