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(영문) 광주지방법원 2017.09.14 2016구합13311
농지처분명령 등 취소청구
Text

1. The part concerning the claim for revocation of the disposition imposing enforcement fines in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Details of the disposition;

A. On June 1, 201, the Plaintiff purchased B 3,183 square meters (hereinafter referred to as “instant land”) in leisure-si on June 1, 201, and completed the registration of ownership transfer on July 29, 201.

B. On July 3, 2013, the Defendant, on the ground that the instant land is not used for agricultural management, must dispose of the instant land within the period of obligation to dispose of it (from July 3, 2013 to July 2, 2014). In the event that the Defendant intends to own the instant land, he/she shall prepare a self-fluence document and apply for the postponement of disposal within the period of obligation to dispose of the said land, and if there is an objection thereto, he/she shall submit a written objection by September 4, 2013.

(hereinafter “Notification of Obligation to dispose of the farmland of this case”) C.

Around March 25, 2014, the Defendant directed the Plaintiff to apply for postponement of the disposal order within the compulsory disposal period ( July 2, 2014), if the Plaintiff intends to own the instant land, or if he/she wishes to defer the farmland disposal order by entering into a sale consignment contract with the Korea Rural Community Corporation.

On December 23, 2014, the Defendant issued an order to dispose of the instant land within the disposal period (from December 23, 2014 to June 22, 2015) on the ground that the Plaintiff did not dispose of the instant land within the disposal period, and notified the Plaintiff that he/she would submit a written objection within 30 days from the date of notification of the disposal order, if any, to the disposal order.

(hereinafter referred to as “instant farmland disposal order”). (e)

On February 3, 2015, the Plaintiff submitted a written objection to the instant farmland disposition order to the Defendant.

F. On September 8, 2016, the Defendant notified the Plaintiff that enforcement fines will be imposed on the Plaintiff on the ground that the instant land was not disposed of within the disposal order period, and imposed KRW 53,414,400 on November 17, 2016.

(hereinafter referred to as “instant disposition imposing enforcement fines”). [Grounds for recognition] There is no dispute, and Party A (1) through (3).

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