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(영문) 서울고등법원 2009. 05. 19. 선고 2008누30801 판결
직접자경하지 않고 임대한 것으로 보아 8년 자경농지 감면신청을 배제한 처분[국패]
Case Number of the immediately preceding lawsuit

Suwon District Court 2007Guhap11574 (Law No. 910, 2008)

Case Number of the previous trial

National High Court Decision 2007Du3730 ( December 06, 2007)

Title

A disposition that excludes an application for reduction of self-farmland for eight years by deeming that it has been leased without direct self-sufficiency;

Summary

In full view of the witness’s testimony to the effect that the instant land, which was a dry field, was cultivated by changing it into a rice field, it is reasonable to deem that the Plaintiff directly cultivated the instant land for eight years.

The decision

The contents of the decision shall be the same as attached.

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Reasons

1. Quotation of judgment of the first instance;

This Court's reasoning is as follows: Article 8 (2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act, and Article 420 of the Civil Procedure Act, in addition to adding "No. 14,15" to "No. 4, 9, 13-4, 90-4, 90-4, 9,000-6.

2. Conclusion

Therefore, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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