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(영문) 대구지방법원 2017.04.28 2016구합23426

개발행위불허가처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 10, 2013, the Plaintiff acquired and used the instant land ownership. (1) On December 10, 2013, the Plaintiff is only Daegu Dong-gu B Dong (hereinafter “B Dong”).

(C) The land adjacent to the said land, which is located in a development-restricted area (natural green belt), is the land adjacent to the said land, and is 342 square meters prior to D, located in the development-restricted area (hereinafter “instant land”).

(2) On January 28, 2014, the Plaintiff purchased the instant land and acquired its ownership on January 28, 2014. (2) The Plaintiff submitted a qualification certificate for acquisition of farmland to the Defendant, but without using it for agricultural management, used the instant land as a restaurant parking lot in the name of “E” (hereinafter “instant restaurant”).

B. Notice of obligation to dispose of the farmland of this case [Notification of Obligation to dispose of farmland]

2. As a result of the fact-finding survey on the utilization of farmland in 2014, with respect to the farmland that was confirmed not to be used for self-agricultural management without justifiable grounds among the farmland that the Plaintiff acquired as a result of the fact-finding survey, a disposition shall be made within the period of notification of the obligation to dispose of farmland (one year, April 1, 2015 to March 31, 2016) in accordance with Article 10(2) of the Farmland Act.

3. In addition, the disposal obligation is terminated if the relevant farmland is disposed of within the period of the disposal obligation, the disposal obligation is terminated, the disposal obligation is used for one's own agricultural management is three years, the disposal order is postponed when the Korea Rural Community Corporation and the sale consignment contract is concluded with the Korea Rural Community Corporation, and the disposal order is suspended during the period of the contract, and the disposal order deferment ceases to exist when the disposal order is verified in good faith during the grace period

1) The Defendant confirmed that the land of this case is not used for agricultural management through a fact-finding survey, and notified the Plaintiff that it would be ordered to issue a farmland disposal order, and notified the Plaintiff of the obligation to dispose of the farmland as follows pursuant to Article 10(2) of the Farmland Act on March 26, 2015.