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(영문) 대구지방법원포항지원 2013.11.01 2013가합1452
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (i) The Plaintiff applied for a construction permit to construct business facilities and sales facilities (one set) on the ground of 23-1 6,406 m2, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City, which is farmland, for the purpose of constructing business facilities and sales facilities (one set). The Plaintiff was deemed to have obtained a construction permit from Pohang-si, and the permission for farmland diversion was deemed to have been granted

Luxembourg Port Mayor imposed on the Plaintiff the farmland preservation charges of KRW 250,660,000 (hereinafter this disposition of this case) with respect to the said farmland diversion permission, and the Plaintiff paid all the farmland preservation charges on July 30, 2008.

B. The business and property of cooperatives and the National Federation under Article 8 (Exemption from Charges) of the former Agricultural Cooperatives Act (amended by Act No. 9761, Jun. 9, 2009; hereinafter referred to as the “Agricultural Cooperatives Act”) are exempt from charges other than taxes of the State and local governments.

Article 38 ( Farmland Preservation Charges) (1) of the former Farmland Act (amended by Act No. 9276, Dec. 29, 2008; hereinafter the same shall apply) (1) Any of the following persons shall pay charges for the preservation, management and creation of farmland (hereinafter referred to as "farmland preservation charges") to a person who operates and manages the Farmland Management Fund:

(5) In any of the following cases, the Minister for Food, Agriculture, Forestry and Fisheries may reduce or exempt farmland preservation charges, as prescribed by Presidential Decree:

1. Where the State or a local government diverts farmland for official or public purposes;

2. Where farmland is diverted to install important industrial facilities prescribed by Presidential Decree;

3. Where farmland is diverted to install facilities referred to in the subparagraphs of Article 35 (1) or other facilities prescribed by Presidential Decree, 【Reference Farmland Act】 Enforcement Decree of the Farmland Act under Article 38 (5) of the former Enforcement Decree of the Farmland Act.

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