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(영문) 춘천지방법원 2018.07.24 2017구합679

농지법이행강제금부과처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Details of the disposition

On December 31, 1998, the Plaintiff completed the registration of ownership transfer with respect to each one-third share of the 6,099 square meters (which was divided into B, C, D, and E), the 3,362 square meters before F, and the 562 square meters before G (hereinafter “instant farmland”).

On May 1, 200, the Defendant determined that the farmland in this case was not used for agricultural management without good cause, and publicly announced that the farmland in this case should be disposed of within the period of “from May 1, 2000 to April 30, 2001” pursuant to Article 10 of the Farmland Act.

However, the owners of the farmland of this case, including the Plaintiff, did not dispose of the farmland of this case by April 30, 2001.

Accordingly, on June 1, 2001, the defendant notified the plaintiff et al. of an order to dispose of farmland (the disposal period and the deadline: June 1, 2001 to November 30, 2001) pursuant to Article 11(1) of the Farmland Act.

On the other hand, on December 31, 2015, the Plaintiff, etc. disposed of the remaining land excluding B 912 square meters from the instant farmland.

From 2002 to 2017, the Defendant imposed a non-performance penalty on the Plaintiff as shown in the attached Form pursuant to Article 62(1) of the Farmland Act.

[Ground of recognition] In the absence of dispute, the entry of Eul evidence Nos. 1, 2, 3, 4, and 5, and the purport of the whole pleadings of the lawsuit of this case (ex officio determination), Article 62 (1), (6), and (7) of the Farmland Act, the head of a Si/Gun/Gu shall impose a charge for compelling the performance equivalent to 20/100 of the land value of the farmland in question on a person who fails to comply with the disposal order by the specified period without justifiable grounds after receiving the disposal order of the farmland in accordance with Article 11 (1) and then fails to comply with the disposal order by the specified period, and a person dissatisfied with the disposition of imposition may raise an objection to the Mayor, etc. within 30 days from the date he/she is notified of the disposition. If an objection is raised, the head of the Si, etc. shall, without delay, notify the competent court,

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Farmland Act;