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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
(a) Consultation on farmland diversion 1) 684m2 (the land category was changed to the site after the transition) in the Donju-gun of the Jeonju-gun.
hereinafter referred to as “instant land”).
(2) On August 29, 2012, B made a request to the Defendant for consultation on the farmland diversion of the instant land for the purpose of constructing retail stores for the first-class neighborhood living facilities on the instant land for the purpose of constructing a new retail store for the first-class neighborhood living facilities.
In the event that the following terms and conditions of consultation are violated, such as cancellation of consultation or reinstatement shall be subject to Article 39 and Article 42 of the Farmland Act:
1. The farmland preservation charges provided for in Article 38 (1) of the Farmland Act shall be paid in 12,927,600 won within the payment period according to the notice issued by the President of the Korea Rural Community Corporation who is the farmland fund manager, and the farmland preservation charges shall not be commenced until the farmland preservation charges are paid;
(hereinafter omitted)
2. Where any of the projects referred to in Article 59 (3) of the Enforcement Decree of the Farmland Act changes its use or any of the business types for the purpose of diversion of farmland is changed within five years from the date the purpose of diversion is completed (construction, etc.), approval for change of use shall be obtained in accordance with
4. The implementation of a project shall be carried out in accordance with the project plan submitted at the time of application for consultation, and, if a project plan is to be modified, shall obtain and implement modified consultation, and shall complete the measures for the preservation of farmland by installing fences, etc. at the boundary of the remaining farmland;
3) Upon consenting to consultation on September 5, 2012 pursuant to Article 34(2) of the Farmland Act, the Defendant stipulates that the Minister of Agriculture, Food and Rural Affairs shall delegate his/her authority for consultation on the diversion of farmland with a size of less than 3,000 square meters in an agricultural promotion area to a Mayor/Do Governor (amended by Act No. 12812, Oct. 15, 2014).