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(영문) 수원지방법원 2018.04.12 2017구합66351
농지처분의무 통지처분 취소 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 December 24, 1998, the Plaintiff completed the registration of ownership transfer for shares of 1573.5/3147 square meters in B, B, 3,147 square meters (divided into 2,106 square meters prior to B, C, 865 square meters prior to C, and 176 square meters prior to D, October 14, 2016) on the ground of sale in the Plaintiff’s future (with respect to the shares in B, the registration of shares was completed in E, the Plaintiff’s wife on the same day). On December 16, 2002, the Plaintiff completed the registration of ownership transfer for shares transfer for 493 square meters prior to F,275 square meters prior to C, 156 square meters prior to G, and 62 square meters prior to H on the same day) on the ground of sale in the future of the Plaintiff.

B. On February 8, 2013, the Defendant: (a) notified the Plaintiff of the plan to hold a hearing under Article 55 of the Farmland Act on February 22, 2013, inasmuch as the size of 1,573 square meters and 493 square meters prior to F, which is equivalent to the Plaintiff’s share among B 3,147 square meters prior to the Silung-si in the foregoing paragraph (hereinafter “each of the instant land”); (b) is not used for agricultural management; and (c) the individual land is expected to be determined as farmland subject to disposition under Article 10 of the Farmland Act.

C. On August 13, 2013, the Defendant notified the Plaintiff that each of the instant lands should be disposed of within the period of disposition obligation (from August 14, 2013 to August 13, 2014), as the Plaintiff is not used for agricultural management without justifiable grounds.

(hereinafter “the first notification”) D.

On October 13, 2016, the Defendant revoked the instant first notification inasmuch as the procedure for verifying the perusal of the hearing record against the Plaintiff was omitted in the hearing procedure conducted prior to the instant first notification, and made a confirmation of perusal of the hearing record with the Plaintiff during the period from October 24, 2016 to October 28, 2016, and notified the Plaintiff that he would re-determine the Plaintiff as the person subject to disposition and impose the obligation to dispose of farmland again, and the Plaintiff received the said notification on October 17, 2016.

E. On November 3, 2016, the Defendant: (a) each of the instant lands to the Plaintiff on November 3, 2016; (b) Provided, That in the case of the land B in Si-si, with respect to 219 square meters out of the total area of 3,147 square meters, the land for factory on August 27,

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