beta
Text
1. The Defendant’s KRW 281,824,80 for the Plaintiff and KRW 5% per annum from April 25, 2013 to August 22, 2013.
Reasons
1. Facts of recognition;
A. The Plaintiff’s payment of farmland preservation charges (1) is a local livestock industry cooperative established under the Agricultural Cooperatives Act.
(2) On July 11, 201, the Plaintiff filed an application for a construction permit on two lots, other than 109-2, 1,086 square meters, Chungcheongnam-si, Chungcheongnam-do, and 109-2, and obtained a construction permit on September 30, 201 from Chungcheongnam-si, and obtained a construction permit on September 30, 201, and was deemed to have been deemed to have been granted a permit to divert farmland pursuant to Article 11(5) of the Building Act with the content of adding the 116 number of land as of May 29, 201.
(3) Pursuant to Article 38(1) of the Farmland Act with respect to the permission for the diversion of farmland, the Chungcheongju Mayor imposed the farmland preservation charges of KRW 282,02,00 on September 30, 201, and KRW 4,788,00 on June 7, 2012, respectively. The Plaintiff paid KRW 282,02,00,000 on October 4, 201, and the Plaintiff paid KRW 4,78,000 on June 12, 2012, respectively.
After that, on December 11, 2012, the Chungcheong City Mayor refunded KRW 4,985,200 to the Plaintiff out of the farmland preservation charges.
B. (1) Cooperatives, etc. and their property under Article 8 (Exemption from Charges) of the former Agricultural Cooperatives Act (wholly amended by Act No. 10522, Mar. 31, 2011) are exempt from charges other than taxes of the State and local governments.
(2) Article 38 ( Farmland Preservation Charges) (1) of the former Farmland Act (amended by Act No. 11694, Mar. 23, 2013) (1) Any of the following persons shall pay charges for the preservation, management and creation of farmland (hereinafter “farmland preservation charges”) to a person who operates and manages the Farmland Management Fund:
(5) In any of the following cases, the Minister for Food, Agriculture, Forestry and Fisheries may reduce or exempt farmland preservation charges, as prescribed by Presidential Decree:
1. Where the State or a local government diverts farmland for official or public purposes;
2. Important industrial facilities prescribed by Presidential Decree;