1. The Defendant’s KRW 19,073,40 for the Plaintiff and KRW 5% per annum from June 10, 2013 to November 13, 2013 for the Plaintiff.

1. Basic facts

A. On December 16, 2010, the Plaintiff applied for a building permit at Boan-si with a view to newly constructing the Agricultural Machinery Repair Center and the Agricultural Materials Sales Center on the ground of Boan-si, 274-4, Nam-gu, Boan-si, Boan-si. On December 16, 2010, the Plaintiff obtained a building permit from Boan-si, which was deemed to have been entitled to a farmland diversion permit under Article 11 of the Building Act.

B. On the other hand, on December 16, 2010, the Boan City Mayor issued a building permit, and imposed KRW 19,073,400 on the Plaintiff with regard to the said permission to divert farmland (hereinafter “instant disposition”), pursuant to Article 38(1) and (6) of the Farmland Act, the farmland preservation charges were imposed on the Plaintiff. On December 21, 2010, the Plaintiff paid the said farmland preservation charges.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-3-1, 2-2, and the purport of the whole pleadings

2. It shall be as shown in the annexed list of the relevant statutes;

3. The assertion and judgment

A. The Plaintiff’s assertion that Article 8 of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) provides that local agricultural cooperatives shall be exempted from charges other than taxes. In light of the form and content of Article 8 of the Agricultural Cooperatives Act, the Agricultural Cooperatives Act constitutes a special Act on the Farmland Act, and in light of the form and content of Article 8 of the Agricultural Cooperatives Act, the instant disposition on imposition of farmland in this case shall be deemed null and void as it has a serious defect. Therefore, the Defendant shall return farmland preservation charges and damages for delay thereof to the Plaintiff

B. (1) Determination of the illegality of the instant disposition (a) where the law conflicts with each other, the new law takes precedence over the former law, and the special law takes precedence over the general law, but whether the law conflicts with each other should be determined by comprehensively examining the legislative purpose, provisions, and scope of application of each law.

(See Supreme Court Decision 88Nu6856 delivered on September 12, 1989, etc.). The former Agricultural Cooperatives Act enhances the economic, social, and cultural status of farmers based on the independent cooperative organization of farmers as provided in Article 1.