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(영문) 의정부지방법원 2016.06.08 2015구단1951
농지법이행강제금부과처분취소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of imposing charges for compelling compliance;

A. On April 12, 2010, the Plaintiffs were the owners, each of whom was donated one-half shares of 541 square meters (hereinafter “instant farmland”). The Defendant confirmed that the instant farmland is being used as a field yard in the fact-finding survey conducted from October 8, 2012 to November 5 of the same year, and held a hearing to impose a duty to dispose of farmland on the Plaintiffs on April 3, 2013, the Plaintiffs submitted a written opinion in the procedure of the hearing, and the Defendant notified the Plaintiffs that they were obligated to dispose of the instant farmland by May 12, 2014.

B. In order for the Plaintiffs to continue to use the farmland in the instant case as a camping site and fail to perform their disposal obligation even after the period of the above disposal obligation expires, the Defendant held a hearing on July 3, 2014 for the farmland disposal order, and the Plaintiffs did not submit any opinion. On August 22, 2014, the Defendant ordered the Plaintiff to dispose of the farmland in the instant case by February 28, 2015.

C. On March 3, 2015, the Plaintiffs did not comply with the above order, and the Defendant issued a notice of imposition of enforcement fines upon non-performance of the farmland disposal order, and on May 11, 2015, the Defendant imposed an imposition of KRW 19,173,040 for enforcement fines, respectively, pursuant to Article 62 of the Farmland Act.

(hereinafter “instant disposition”). The Plaintiffs filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, which was dissatisfied therewith, but dismissed on September 16, 2015, filed the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 8, the purport of the whole pleadings

2. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

According to Article 62(1), (6), and (7) of the Farmland Act, a person who is dissatisfied with the imposition of a charge for compelling compliance under Article 62(1) of the same Act may raise an objection to the imposing authority within 30 days from the date of receipt of the notice of such disposition, and has received an objection.

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