농지취득자격증명발급 반려처분 취소청구
1. The Defendant’s disposition to return the qualification certificate for acquisition of farmland issued to the Plaintiff on April 5, 2018 is revoked.
2...
Details of the disposition
On March 19, 2018, the Plaintiff becomes the highest bidder of the E field E, 391 square meters, F field 39 square meters, G field 1,031 square meters (hereinafter referred to as “instant land”) in the public auction case of a public housing unit in Daejeon District Court, Daejeon District Court, or D (Dual).
On March 20, 2018, the Plaintiff filed an application with the Defendant for the issuance of qualification certificate for acquisition of farmland for the purpose of acquiring “agricultural management” in order to complete the registration of ownership transfer concerning the instant land.
On March 21, 2018, the Defendant rejected the Plaintiff’s application on the ground that “the instant land needs to be issued with the qualification certificate for acquisition of farmland, or the form and quality of the land, or the restoration of the portion with illegal buildings, need to be changed at the time of acquisition, and it cannot be issued under the present condition.”
On March 22, 2018, the Plaintiff filed an application with the Defendant for issuance of the qualification certificate for acquisition of farmland again, and the Defendant on March 23, 2018.
It was returned for the same reason as the paragraph.
On March 26, 2018, the Daejeon District Court rendered a provisional decision to refuse the sale of the instant land on the ground that “the Plaintiff failed to submit the qualification certificate for acquisition of farmland by the deadline for sale upon the return of the Plaintiff’s application for the issuance of the qualification certificate for acquisition of farmland by the Plaintiff.” On March 28, 2018, the Plaintiff filed an immediate appeal with the Daejeon District Court (2018Ra140) and currently, the instant appeal case is under way.
On April 2, 2018, the Plaintiff filed an application with the Defendant for the issuance of the qualification certificate for acquisition of farmland (hereinafter “instant application”). On April 5, 2018, the Defendant rejected the said application on the ground that “the ground for acquisition of farmland ceases to exist according to the Daejeon District Court’s ruling on the refusal of sale of public capital support, and the Plaintiff is not a person who intends to acquire farmland under Article 8(1) of the Farmland Act.”
(hereinafter “instant disposition”). The Plaintiff is dissatisfied with the instant disposition, Chungcheongnam-do.