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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On August 9, 1994, the Plaintiff obtained permission on the diversion of farmland of 1,927 square meters in Daegu-gun, Daegu-gun pursuant to Article 36 of the former Farmland Act (amended by Act No. 5453, Dec. 13, 1997; hereinafter the same) for the construction of a primary processing factory and warehouse for agricultural products from the Defendant, and obtained a construction permission on September 9, 1994, after obtaining the said construction permission, the Plaintiff newly built a factory on the instant land and obtained the approval for the use on December 31, 1994.
B. The Plaintiff used the above factory as a primary processing factory for agricultural products. On February 1996, the first processing factory was applied to the Defendant for the alteration of the use of the factory as a general factory pursuant to Article 42(1) of the former Farmland Act. The Defendant approved the alteration of the use of the factory. On February 6, 1996, pursuant to Article 42(2) of the former Farmland Act and Article 45-2(4) of the former Act on the Special Measures for Development of Agricultural and Fishing Villages (amended by Act No. 5761, Feb. 5, 1999; hereinafter the same), the Plaintiff imposed KRW 26,245,740 in total on the Plaintiff pursuant to Article 6,937,200 and the farmland diversion charges of KRW 19,308,540.
C. On April 3, 1996, the Defendant delayed the payment deadline on May 21, 1996 at the Plaintiff’s request. However, even thereafter, the Plaintiff did not pay the said farmland creation cost and farmland diversion charges. On August 11, 1999, the Defendant seized the farmland creation cost and farmland diversion charges, which was owned by the Plaintiff, on March 18, 2009; thereafter, the Defendant urged the Plaintiff to pay the amount of KRW 26,245,740 for each delinquent amount on April 8, 2014.
On April 28, 2014, the Defendant urged the Plaintiff to pay the farmland preservation charges with respect to the instant land (hereinafter “instant notification”) under Article 42(2) of the former Farmland Act (amended by Act No. 7604, Jul. 21, 2005) that “The previous farmland preservation charges” changed into “farmland preservation charges” and made several payments in arrears, but it still remains unpaid and notified, and the payment was made by May 20, 2014 (hereinafter “instant notification”).
(e).