1. The Defendant’s refusal to issue a qualification certificate for acquisition of farmland against the Plaintiff on May 2, 2019 is revoked.

2...

1. Details of the disposition;

A. On April 30, 2019, the Plaintiff filed an application for issuance of the qualification certificate for acquisition of farmland necessary for the Defendant on April 30, 2019, with the maximum price of D 82 square meters and E 222 square meters (hereinafter “instant land”).

B. On May 2, 2019, the Defendant notified the Plaintiff of the non-issuance price of the qualification certificate for acquisition of farmland (hereinafter “instant disposition”) for the following reasons.

The instant land needs to be restored to the farmland subject to the issuance of the qualification certificate for acquisition of farmland at the time of acquisition, or to the part where an illegal building exists, and may not be issued at the present. (Article 9(3)4 of the Guidelines for the Examination of Issuance of the qualification certificate for acquisition of farmland)

C. The Plaintiff appealed and filed an administrative appeal with the Jeonnam-do Administrative Appeals Commission, but was dismissed on July 30, 2019.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff's assertion

A. The instant land does not constitute farmland as provided in subparagraph 1 of Article 2 of the Farmland Act by losing the phenomenon of farmland as farmland.

Therefore, since there is no reason to return the Plaintiff’s application for qualification certificate for acquisition of farmland, the Defendant must correct the ground for rejection as it is unlawful to revoke the instant disposition or that the instant land does not constitute farmland.

B. The Plaintiff is only in the position of the bidder at the auction procedure regarding the instant land, and thus does not have the authority to restore the instant land.

Therefore, the instant disposition, which was made on the ground that the restoration to the original state is necessary for the part of the illegal building, is unlawful.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Article 2 subparag. 1 of the Farmland Act defines the land of this case as farmland, and Article 2 subparag. 1 of the same Act defines farmland. In principle, the form of “the field, paddy field, orchard, and agricultural crops, regardless of the legal category.”