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(영문) 울산지방법원 2016.11.24 2016구합5833

농지보전부담금부과처분취소청구의 소

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1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 21, 2010, the Plaintiff purchased the pertinent land, “instant land”, “C, E, and “B”, and “B” and completed the registration of ownership transfer for the instant land on October 29, 2010, on the following grounds: Ulsan-gun, Ulsan-gun, Seoul-gun, 762 square meters, D orchard 953 square meters, E, 192 square meters prior to E, 35 square meters prior to F, and G 38 square meters (hereinafter referred to as “instant land”). < Amended by Presidential Decree No. 22426, Oct. 29, 2010>

B. On May 31, 2016, the Plaintiff filed an application with the Defendant for a construction permit to newly construct two neighborhood living facilities (office) with the 1st floor above the ground surface of 447 square meters and the 447 square meters of a total floor area on the instant land (hereinafter “instant building”).

C. Accordingly, the Defendant imposed farmland preservation charges of KRW 99,00,000 on the Plaintiff on June 3, 2016 following consultation on complex civil petitions following an application for a building permit, such as farmland diversion consultation (hereinafter “instant disposition”). On the same day, on the same day, the Defendant decided to pay farmland preservation charges in installments as indicated in the table. On June 8, 2016, the Plaintiff paid KRW 29,70,000, which is one installment payment of farmland preservation charges, to the Intervenor joining the Defendant. On June 14, 2016, the Defendant granted a building permit for new construction of the instant building to the Plaintiff.

On June 15, 2016, the Plaintiff issued a performance guarantee insurance policy (payment) to the Intervenor joining the Defendant as the addressee with respect to the remaining farmland preservation charges.

(2) On September 30, 2016, September 30, 2016, the due date for the payment of the Table 17,325,00 won for KRW 17,325,00 won for the installment payment of KRW 17,325,00 won for KRW 17,325,325,00 won for KRW 17,325,325,325,00 won for the payment of September 30, 2016, three times every five times in June 30, 2016, and five times every time in which the due date for the payment of the Table 17,325,325,00 won for KRW 17,325,00 for the payment of 17,325,00 won for the payment of the Table 17,3 evidence No. 5, Eul evidence No. 7, and the purport of the entire pleadings (including the number of each number, each

2. Whether the instant disposition is lawful

A. Although the land category of the Plaintiff’s assertion is classified into “water sources” or “electric field,” the Plaintiff’s claim is based on aggregate piling and duplicating from around 1995.