1. The plaintiff's claim is dismissed.

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

1. Around June 2012, the Plaintiff filed an application for a construction permit with the head of Dongducheon-si City for a land of 858 square meters (hereinafter referred to as “1 land”) prior to Dongducheon-si, Dongcheon-gu. Around January 2013, the Plaintiff filed an application for a construction permit with the head of Dongducheon-gu City for a land of 3328 square meters prior to 3328 square meters (hereinafter referred to as “2 land”) outside C (D, E, F).

The Dong ducheon City permitted construction on the land 1 on the condition that farmland preservation charges of KRW 42,900,000 are paid, and it permitted development activities on the condition that farmland preservation charges of KRW 166,40,000 were paid for the land 2.

[Ground of recognition] Facts without dispute, Gap 1,2, purport of the whole pleadings

2. The plaintiff's assertion 1 and 2 are not farmland subject to farmland preservation charges.

Therefore, the imposition of farmland preservation charges in the same ducheon City is null and void.

The defendant is the subject to whom farmland preservation charges accrue, and is obligated to return the money paid by the plaintiff without any legal ground.

3. Judgment on the issue

A. In order to impose farmland preservation charges pursuant to the Farmland Act based on the criteria for determining whether land 1 and 2 falls under farmland under farmland under the Farmland Act, such land should fall under farmland under Article 2 subparag. 1 of the Farmland Act. Whether land is farmland under the Farmland Act should be determined according to the actual state of the land regardless of the land category entered in the public record: Provided, That if the change of farmland is temporary and the change of farmland makes it easier to restore farmland to the original state, the land still constitutes farmland under the Farmland Act (see, e.g., Supreme Court Decision 2006Du8235, May 31, 2007). The land category on the public record of land 1 and 2 was “the previous public record,” but has been actually used for commercial use (the land site for the board sale business place, the land site for the used vehicle sale business place) since around 190.