1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff was the highest bidder in the case of the auction of D real estate rent D with the Daejeon District Court, Seosan-si, Daejeon District Court, which had been proceeding with respect to the area of 516 square meters (hereinafter “instant land”). The Plaintiff filed an application for the issuance of the qualification certificate for acquisition of farmland necessary for the permission of sale (hereinafter “instant application”).

B. On August 22, 2016, the Defendant rendered a disposition to return the instant application to the Plaintiff on the ground that “the instant land need to be issued with the qualification certificate for acquisition of farmland at the time of acquisition, or the part that changed the form and quality, need to be restored to the farmland subject to the issuance of the qualification certificate for acquisition of farmland at the time of acquisition (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that most of the illegal buildings on the land of this case are relatively easy to recover. ② The Plaintiff, who is not the owner of the land of this case, does not have the right to recover the land of this case, and thus, it is unreasonable to demand restitution. ③ If the Plaintiff does not purchase the land of this case in the above auction, the owner of the farmland security right is unable to realize farmland and is unjust.

(b)be as indicated in the relevant Acts and subordinate statutes;

C. Determination 1 Article 6(1) of the Farmland Act provides that “No person, other than a person who uses or uses farmland for his own agricultural management, shall own farmland.” Article 8(1) and (2) of the Farmland Act provides that a person who intends to acquire farmland shall not exceed the head of the Si having jurisdiction over the location of the farmland (referring to the Si having no Gu, and in the case of a city of urban and rural complex form, referring to where farmland is located in Dong area), the head of the Gu (in the case of a Si of urban and rural complex form, referring to where farmland