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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act, and is an owner of the 501mm2 in Dobong-dong 2589-4 parking lot (hereinafter “the instant 1m2”) and the 628-3m2 in Do-dong 628-3m2 in Jeju-do (hereinafter “the instant 2m2”). The Defendant is the owner of farmland preservation charges.
B. A disposition imposing farmland preservation charges on October 2, 2008 1) In order to utilize the farmland preservation charges as a parking lot for the “Yeong-dong, 2589-3, Jeju-si, Seoul-dong, Jeju-si, in order to utilize the farmland preservation charges for the parking lot for the “Yeong-dong, Jeju-si, Seoul-dong, the Plaintiff applied for permission to divert farmland, etc. to divert the land of this case, which was originally farmland (land category: orchard) to “parking site” to the Mayor of Jeju-si, around August 2008, and the permission for development was granted around that time. (2) Jeju-si, upon receiving the permission for diversion of farmland, the Plaintiff paid the farmland preservation charges to the Plaintiff on October 2, 2008.
C. A disposition of imposition of farmland preservation charges as of January 30, 2009 and March 20, 2009 1) The Plaintiff imposed the farmland preservation charges on the second land of this case where farmland (land category: previous) was originally located, upon the Jeju Mayor on October 27, 2008 under Article 14 of the Building Act in order to install the “Seoju District Oil station” on the ground of the land of this case where farmland was originally located, and obtained a building permit from the Jeju Mayor. In accordance with Article 11(5)7 of the Building Act, the Jeju Mayor was deemed to have been entitled to the farmland diversion permission for the above land pursuant to Article 11(2)7 of the Building Act. The Jeju Mayor imposed the farmland preservation charges of KRW 27,050,00,000 on December 27, 208, and around March 8, 2009, the Plaintiff paid the farmland preservation charges of KRW 112,000 on each of the Korea Rural Community Corporation.
[Ground for Recognition: Unsatisfy, Gap evidence 1 to 6 (including paper numbers).