Main Issues

Whether an administrative litigation can seek correction for the distribution of farmland and the revocation thereof

Summary of Judgment

Since the distribution of farmland and its revocation are matters concerning the implementation of the Farmland Reform Act, an interested party who has an objection can bring a lawsuit to the competent court of the location of farmland and seek correction thereof through the procedures prescribed in the same Act, but can not seek correction thereof through administrative litigation.

[Reference Provisions]

Article 1 of the Administrative Litigation Act (Law No. 213), Article 22 of the Farmland Reform Act (Law No. 108), Article 24 of the Farmland Reform Act (Law No. 108)

Plaintiff

Plaintiff

Defendant

Gyeonggi-do Goyang-gun leader of Goyang-gun

Text

The principal lawsuit shall be dismissed.

fact

The plaintiff's legal representative revoked the disposition of distributing farmland listed in the separate sheet No. 1 to the plaintiff as of October 1 of 4292, and the disposition of distributing it to the non-party 1 shall be revoked. The costs of lawsuit shall be borne by the defendant. The plaintiff's purchase of farmland listed in the separate sheet No. 2 was made in accordance with the Farmland Reform Act, which was originally owned by the non-party 2, on the ground that the plaintiff was newly distributed to the non-party 2 on or around December of 4286 according to the enforcement of the same Act, and the plaintiff was confirmed to have been not only after the expiration of the grace period but also after the completion of the repayment of 103-2 of grain 42 until March 20, the plaintiff acquired the ownership of the non-party 1 to the non-party 2's non-party 1 to whom the non-party 4 had been distributed to the non-party 1 to whom the non-party 2 had been distributed to the non-party 5-party 1 to whom the non-party 2 had been distributed the farmland.

Reasons

An objection to the distribution of farmland and its cancellation ex officio is a matter concerning the enforcement of the Farmland Reform Act, as it is evident by the possession of an objection to the distribution of farmland and by the allegations of the parties. Therefore, an interested party who has an objection to the enforcement of the Farmland Reform Act can file a lawsuit with the competent court having jurisdiction over the location of the relevant farmland and seek correction thereof, and can not seek correction thereof as an administrative litigation, after going through the procedures prescribed in Article 22 of the Farmland Reform Act. Thus, this lawsuit is ultimately dismissed without going through a judgment on the merits, since it comes to an administrative litigation for matters which are not subject to the administrative litigation, which are not the subject of the administrative litigation, and the burden of litigation costs is decided as per Disposition by the application of Article 14 of the Administrative Litigation Act and Article 89 of the Civil Procedure Act.