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(영문) 울산지방법원 2019.04.18 2018나20675
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The reasons for this part of the facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The court of this part of the judgment of the court of first instance, which cited the defendant's liability for damages due to the defendant's non-performance of obligation, is identical to the part of "2. Judgment of the court of first instance" (the fourth to eight pages), except for the addition below, and thus, the addition is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act). Thus, according to the former Farmland Act, which was applied at the time of the conclusion of the contract of this case, where the plaintiff diverts the farmland of this case for production facilities of agricultural and livestock products, it is deemed that permission for or report on diversion of farmland of this case is legal fiction. Thus, Article 6 (2) 7 of the former Farmland Act of Article 23 and Article 6 (2) 7 of the former Farmland Act of the same Act (limited to farmland ownership) (1) of the former Farmland Act) is not owned by a person who uses or uses his/her own agricultural management. (2) In any of the following cases, farmland may be owned even if it is not used for his/her own agricultural management, notwithstanding paragraph (1):

(B) If a person who has obtained permission or filed a report on the diversion of farmland under Article 35 or 43 owns the farmland, no farmland may be leased or lent free of charge, except in cases falling under any of the following subparagraphs: 1. Claim that the farmland under Article 6 (2) 1, 4 through 9, 9-2, and 10 is leased or lent free of charge; 2. The farmland shall be produced or lent free of charge, such as the cultivation of crops or the growing of perennial plants:

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