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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 August 10, 2016, the Plaintiff, as the owner of the land B in Gunsan-si (hereinafter “instant land”), filed a report on the construction of a temporary building with respect to the Defendant on August 10, 2016 that the building of a farming shed of a size of 18 square meters per 1,00 square meters on the above land, and installed a temporary building accordingly.
(hereinafter “instant temporary building”). On August 17, 2016, the Defendant accepted the said report by setting the retention period as August 10, 2019.
B. On September 5, 2016, the Defendant issued a corrective order to the Plaintiff to correct the instant temporary building up to September 20, 2016 pursuant to Article 79(1) of the Building Act, as the instant temporary building violated Article 20 of the Building Act as “violation of the purpose of farming prohibition.”
(hereinafter “instant corrective order”). C.
On September 21, 2016, the Plaintiff: (a) cultivated drilling, drilling, etc. in Gunsan City adjacent to the instant land in the prior hearing procedure related to the revocation of the repair report of the instant temporary building; (b) filed a move-in report on the instant temporary building due to mail receipt and the flusium; (c) was planned to utilize the instant temporary building as a farming shed; and (d) was cultivated on the instant land immediately after the Defendant received the corrective order.
Around September 22, 2016, the Defendant rendered a disposition to the Plaintiff that the report on the construction of the instant temporary building is revoked pursuant to Article 79(1) of the Building Act because the instant temporary building is not used for the purpose of farming, on the following grounds as a result of a hearing:
(1) The instant land was the land for the purpose of construction, such as the initial application for the construction permit, and was deemed to have no relation to the farming, such as the existence of the building ledger, in the Gunsan-si, the cultivation of the crops was performed after the corrective order was issued. However, the purpose of the instant disposition is to live in the farmer’s room and receive mail in the farmer’s room.