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(영문) 수원지방법원 2016.07.14 2016구합61090
이행강제금부과처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 2, 2002, the Plaintiff purchased a land of 166 square meters in CY-si, Sinri-si (hereinafter “instant land”) for the purpose of using it for agricultural management, and completed the registration of ownership transfer on the 25th of that month.

B. On May 7, 2012, the Defendant: (a) notified the Plaintiff of the disposal of the instant land within one year (from May 7, 2012 to May 6, 2013) based on Article 10(2) and (1) of the Farmland Act on the ground that the Plaintiff was not using the instant land for his own agricultural management or entering into a sales consignment agreement with the Korea Rural Community Corporation or other persons prescribed by Presidential Decree, on the ground that the said land was not used for his own agricultural management without any justifiable reason; (b) issued a notice of obligation to dispose of farmland that the order of disposal may be postponed where the Plaintiff used the said land for his own agricultural management or entered into a disposal consignment agreement with the Korea Rural Community Corporation or

C. Since then, as a result of the investigation conducted in 2012 that the Plaintiff used the instant land for agricultural management, the Defendant notified the suspension of disposition order for a period of three years (from May 7, 2013 to May 6, 2016) on the ground of Article 12 of the Farmland Act on January 27, 2014, based on the fact that the Plaintiff was obligated to dispose of the said farmland subject to disposal obligation, and notified the suspension of disposition order for a period of three years (from May 7, 2013 to May 6, 2016). In the event that the Plaintiff did not use the said land for his/her own agricultural management, or where the contract for sale entrustment is terminated or terminated during the grace period, the Defendant issued a notice of postponement of disposition order (six months) to the relevant farmland that enforcement fines equivalent

However, in 2014, the Defendant issued an order to dispose of the instant land within six months (from October 23, 2014 to April 22, 2015) based on Article 11 of the Farmland Act, by deeming that the Plaintiff did not use the said land for agricultural management or enter into an entrustment contract on October 22, 2014.

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