The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant, a farmer, may establish a mushroom cultivator in farmland, and the storage of salt spawn in the mushroom cultivator in order to control disease and insect pests is an act that conforms to the purpose of the mushroom cultivator.

Therefore, the Defendant did not have diverted farmland.

2. Determination

A. Diversion of farmland under Article 2 subparagraph 7 of the Farmland Act refers to all acts using farmland for purposes other than the cultivation of crops or the growing of perennial plants, such as changing the form and quality of farmland, establishing tangible objects that may obstruct the use of farmland, etc. In view of the fact that the temporary use of farmland for other purposes is provided that it shall be limited to cases where permission for temporary use is obtained from the competent authorities, such as the Mayor, etc. on the condition that farmland is restored to farmland after being used for a specific period for the purpose stipulated in Article 36 of the Farmland Act and restored to farmland, the temporary use of farmland for other purposes without permission shall be deemed to fall under the diversion of farmland without permission, unless

(See Supreme Court Decision 2010Do5112 Decided October 25, 2012). B.

According to the proviso of Article 2 subparag. 7 and subparag. 1 (b) of the Farmland Act, and Article 2(3)2(a) of the Enforcement Decree of the Farmland Act, the establishment of a mushroom cultivation house in the form of a vinyl house by the Defendant, a farmer, cannot be deemed as the diversion of farmland under Articles 57(2) and 34(1) of the Farmland Act, which is the corresponding legal provision of the Farmland Act

C. However, comprehensively taking account of the evidence duly admitted and examined by the lower court, the Defendant, from February 2014 to August 20, 2014, has accumulated approximately 500 marbs in salt with no relation to mushroom growing at approximately 16.5m2 from among the mushroom growing plants of the instant case without permission, thereby temporarily cultivating farmland or cultivating perennial crops or growing perennial plants.