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(영문) 의정부지방법원 2020.12.16 2019가단120046
기타(금전)
Text

All of the plaintiff's claims are dismissed.

All costs of lawsuit include costs incurred by participation.

Reasons

1. Basic facts

A. The Plaintiff’s application for the first approval of factory construction and payment of farmland preservation charges 1) The Plaintiff, as the representative of B, is the land “the instant land” in which Jincheon-gun, Chungcheongnamcheon-gun, and 13 lots (hereinafter “the instant land”) are farmland around 2004.

(2) In order to construct a new factory, the Industrial Cluster Development and Factory Establishment Act (hereinafter referred to as the “Industrial Cluster Act”) shall apply from Jincheon-gun.

(C) the first approval of factory construction under the approval of factory construction (hereinafter referred to as the “first approval of factory construction”) is granted.

In the process, after obtaining the farmland diversion consultation on December 29, 2004, the permission to divert the farmland of this case (hereinafter referred to as the “permission to divert the farmland”) is called the “permission to divert the farmland of this case.”

(2) The Plaintiff imposed “farmland creation cost” on a person who obtained permission for farmland diversion before the enforcement of the former Farmland Act (amended by Act No. 7604 of July 21, 2005), but began to impose farmland preservation charges upon the person who obtained permission for farmland diversion, upon the enforcement of the said former Farmland Act.

Article 5 of the Addenda to the Farmland Act provides that “The previous farmland creation cost at the time this Act enters into force shall be deemed farmland preservation charges pursuant to the amended provisions of Article 40” shall be deemed farmland preservation charges. Thus, without distinguishing it, all farmland preservation charges shall be stated as farmland preservation charges.

On June 11, 2004, KRW 85,036,80 (hereinafter “the first charge”) was paid in total of KRW 61,23,500 on March 10, 2005, KRW 85,036,80 (hereinafter “the first charge”).

3) On December 28, 2010, the Plaintiff applied for revocation of the approval of the first factory construction to the head of Yeongdeungpo-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Mayor”) on the grounds of the financing circumstances, and on January 4, 2011, the Seoul Special Metropolitan City Gun issued the first disposition to revoke the approval of the first factory construction construction (hereinafter “the first disposition to revoke the approval”).

B. (1) The Plaintiff, as a representative of D, applied for approval of factory construction for the construction of the instant land again to construct the factory on February 28, 2011.

2..

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