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(영문) 인천지방법원 2020.11.12 2020구합51468
건축신고반려처분취소 청구의 소
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. On March 3, 2020, the Plaintiff completed the registration of partial transfer of ownership on the ground of sale on February 10, 2020 with respect to the share of 660/1289 square meters in Kimpo-si, Kimpo-si (hereinafter “instant farmland”) located in the agriculture promotion area under Article 28 of the Farmland Act (hereinafter “instant farmland”).

B. On December 6, 2019, the Plaintiff newly constructed a Class 2 neighborhood living facilities (manufacturing facility) with a total floor area of 100 square meters, building-to-land ratio, and floor area ratio of 15.15 percent on the ground among the instant farmland (hereinafter “instant application site”) as follows, and filed a building report by deeming the permission for diversion of farmland under Article 34 of the Farmland Act to be applicable pursuant to Article 11(5) of the Building Act pursuant to Article 11(5) of the same Act.

(hereinafter referred to as “the instant report”). (c)

On December 27, 2019, the Defendant rendered a disposition to return the instant report to the Plaintiff on the following grounds:

(hereinafter referred to as “instant disposition”. The details of reasons for rejection of farmland: The farmland in an agricultural development and expansion project, such as arable land rearrangement and water development, for which the instant application is filed, is highly excellent farmland that needs to be continuously preserved as farmland because there is a concern about farmland erosion, such as the fluoral diversion of nearby farmland at the time of diversion of the relevant farmland, and the farmland in an agricultural promotion zone with a large degree of decentralization of local farmland. This goes against Article 33(2) of the Enforcement Decree of the Farmland Act and Article 33(1)4 of the Enforcement Decree of the Farmland Act.

(w) [Grounds for recognition] unsatisfy, Gap 1-3, and six, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion, including the instant application site, constitutes a small-scale farmland with its size of 13,837 square meters and its size is merely 13,837 square meters around the instant plot of land Kimpo-si, Kimpo-si, D, E, F, G, and B (hereinafter “the surrounding farmland”). The surrounding farmland is a farmland with a large degree of grouping because manufacturers, detached houses, and churches had been constructed with permission to divert farmland in the surrounding areas.

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