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(영문) 전주지방법원 2014.04.30 2013구합878
농지전용부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. In accordance with the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies as joint implementers and the Housing Site Development Promotion Act, the Plaintiff and the Jeonbuk Development Corporation obtained respectively approval of the modification of the development plan on September 4, 2007 by the Minister of Land, Transport and Maritime Affairs as to the development project for the Jeonbuk-ju Innovation City (hereinafter “instant project”), the implementation plan on March 4, 2008; the implementation plan on December 16, 2010; and the modification of the development plan on September 12, 2012, from the Minister of Land, Transport and Maritime Affairs.

B. On June 25, 2008, the Defendant rendered a decision to impose charges on the Plaintiff on the diversion of farmland in the project site of this case, the land category of which is “former”, “responding”, and “farmland improvement facility site,” under Article 38(1) of the former Farmland Act (amended by Act No. 9276 of Dec. 29, 2008; hereinafter the same shall apply) on the farmland preservation charges of KRW 2,99,786,630 of the farmland preservation charges under Article 38(1) of the former Farmland Act. The Defendant provided a decision to impose charges on the Intervenor on the diversion of farmland in the project site of this case, which is farmland (the land category is “former”, “the land category is not “the land category,” but is farmland) in fact in the project site of this case, which is the chronic Dong-dong, Jung-dong, Jeon-dong, Jeon-ri, and Jeonju-ri (hereinafter “instant land”). The Plaintiff paid charges to the Intervenor on July 30, 2008.

C. Meanwhile, on December 31, 2008, the Plaintiff was notified from Jeonju-si and Jeonju-gun to pay KRW 712,112,110 for expenses incurred in creating forest replacement resources for the instant land on the ground that the land category of the instant land is “forest” and paid all of them.

Since then, Jeonju-si and Jeonju-gun requested the Plaintiff to submit relevant data to impose additional farmland preservation charges concerning the instant land upon receiving notification of the omission of farmland preservation charges for farmland from the Defendant-subsidized Intervenor, and the Plaintiff shall bear farmland preservation charges for the modified land use plan on September 12, 2012.

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