1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On February 4, 2014, the Plaintiff obtained permission from the Defendant for a land transaction contract of Gangseo-gu Busan (hereinafter “instant land”) with respect to B, Gangseo-gu, Busan (hereinafter “instant land”) as an agricultural facility farming, and completed the registration of ownership transfer on February 6, 2014.

B. On October 1, 2015, the Defendant ordered the performance of the obligation to use the instant land acquired by the Plaintiff with the permission for a land transaction contract as a result of the land use survey conducted by the Defendant by November 30, 2015 on the ground that the instant land was not used for agriculture (facilities farming).

C. On December 7, 2015, the Defendant issued a pre-announcement of the imposition of a non-performance penalty that requires the Plaintiff to present his/her opinion by the 23th day of the same month on the grounds that the Plaintiff failed to comply with the performance order, and on December 30, 2015, the Defendant imposed KRW 8,624,000 on the Plaintiff.

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1, Eul evidence Nos. 4 through 9 (including each number; hereinafter the same shall apply), and the purport of all pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unreasonable to impose charges for compelling the performance, without considering the Plaintiff’s position, on the grounds that the Plaintiff, who was a mentally disabled person, was not a farmer on the instant land with his mother as well as the Plaintiff’s mother, and was unable to install a plastic house

(b) as shown in the attached Form of the relevant statutes.

C. Article 124(1) of the National Land Planning and Utilization Act provides that "any person who has obtained permission for land transaction contracts shall use the land for the permitted purposes for a period prescribed by Presidential Decree of up to five years, unless any ground prescribed by Presidential Decree exists." Here, what is "the purpose for which permission is obtained" shall, in principle, be based on the entry of the permission for land transaction contract, and whether the land is used for the permitted purposes, shall be the national land at the time when the permission is obtained, and the land transaction permission is applied.