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1. The Defendant’s imposition of farmland preservation charges in KRW 140,168,473,160 against the Plaintiff on October 15, 2015, of KRW 131,357,80.
Reasons
1. Details of the disposition;
A. The Plaintiff is the implementer of the Kimpo-si Housing Site Development Project (hereinafter referred to as the “instant development project”) implemented at the level of Kimpo-si, Kimpo-si, long-term Dong, and Yangyang-do.
B. 1) When the Plaintiff deemed to have obtained permission to divert farmland with the approval of the implementation plan of the instant development project under Article 2007-452 of the Ministry of Construction and Transportation on October 29, 2007, the Defendant imposed on the Plaintiff on April 28, 2008 the farmland preservation charges of KRW 146,204,562,180 (hereinafter referred to as “the first disposition”) on the amount of KRW 6,349,228 square meters, among the existing farmland located in the instant development project zone, to be diverted for any purpose other than farmland (hereinafter referred to as “the first disposition”).
(2) The Plaintiff is the Plaintiff’s owner of the farmland under the former Enforcement Decree of the Farmland Act (amended by Presidential Decree No. 26903, Jan. 19, 2016; hereinafter “former Enforcement Decree of the Farmland Act”).
The Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”) entrusted with the receipt of farmland preservation charges pursuant to Article 48, etc.
(2) On May 28, 2008, the Plaintiffs paid the above charges to the Plaintiff on May 24, 2013, with the approval of the modification of the implementation plan of the instant development project by the Ministry of Land, Infrastructure and Transport No. 2013-623, and the land subject to reduction or exemption under the Enforcement Decree of the Farmland Act due to the change of the land use plan, the Defendant changed the farmland preservation charges under the initial disposition to KRW 140,215,128,50 on December 16, 2013, and changed the farmland preservation charges to the Plaintiff at KRW 5,898,43,630 (146,204,562, 180-140, 215, 128, 50 won (hereinafter “the first reduction disposition”). Accordingly, the Intervenor changed the land use plan to the Plaintiff, 2015, 306, 1506, 14630, 157, 1967