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(영문) 서울행정법원 2015.12.11 2015구합65612
농지전용허가신청불허가처분취소
Text

1. On April 30, 2015, the Defendant’s disposition of non-permission to convert farmland against the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of 4,945 square meters in total, including 565 square meters, 3,362 square meters in Gangnam-gu, Seoul, and 564-1, 58 square meters in total, 564-2, and 331 square meters in total, and 4,945 square meters in total, including 134-1, and 664 square meters in total (hereinafter “instant land”). The instant land is currently being used as a garage for urban buses by the Plaintiff.

B. On April 20, 2015, the Plaintiff filed an application with the Defendant for permission on the diversion of farmland (hereinafter “instant application”).

C. On April 30, 2015, the Defendant rendered the instant disposition rejecting the instant application for the following reasons against the Plaintiff.

① The instant land is a natural green belt within an urban area, the category of which was previous and answer.

Where it is intended to use natural green land in an urban area for any purpose other than agricultural management, it shall be used after obtaining permission for development activities under Article 56 of the National Land Planning and Utilization Act.

The Plaintiff acquired the instant land that he/she would engage in agricultural management on August 20, 1982, but did not perform his/her own agricultural management from the beginning, and continues to use it for passenger transport business (city bus) garage, etc. for the purpose of illegal use without obtaining permission on farmland diversion (consultation) until now, and thus, the Plaintiff was ordered to restore it to the original state as farmland until April 30, 2015, but the Plaintiff did not implement

The Plaintiff continues to use the land of this case for several hundred thousands without the permission for farmland diversion (consultation) even though it has been used with development activities (land form and quality alteration) permission under Article 36(2)2 of the Farmland Act and Article 56 of the National Land Planning and Utilization Act from the time when the land of this case was first used as passenger transport bus (city bus).

(2) The land currently used by the plaintiff as an access road (road and sidewalk) (Seoul, Gangnam-gu, Seoul, 568-30, 31, 33, 567-1, etc.) is classified as a road and is a motorway.

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