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(영문) 서울행정법원 2018.06.21 2017구합90292
농지보전부담금환급
Text

1. The Defendant’s KRW 80,941,200 for the Plaintiff and KRW 1.6% per annum from October 27, 2017 to January 23, 2018.

Reasons

1. Basic facts

A. Upon the Industrial Bank of Korea’s voluntary auction application, on May 3, 2012, on the real estate listed in the separate sheet No. 1, 2, and 3, listed in the separate sheet that was owned by B and C, and on the real estate listed in the separate sheet that was jointly owned by B and D Co., Ltd. (hereinafter collectively referred to as “each land of this case”), on May 3, 2012, the Suwon District Court rendered a voluntary decision to commence auction. The Plaintiff received a successful bid of each land in the above voluntary auction procedure (hereinafter “instant auction procedure”), and completed the registration of ownership transfer on March 20, 2013 and completed the auction price in full.

B. A corporation B obtained permission for development activities (F) pursuant to Article 56(1) of the National Land Planning and Utilization Act to create each of the instant lands from the Sungsung market as a site for Class 1 and Class 2 neighborhood living facilities around 201, and paid KRW 83,152,200 of the farmland preservation charges imposed upon the legal fiction of permission for diversion of farmland for each of the instant lands with the said permission for development activities.

C. On July 13, 2017, the Plaintiff: (a) changed the name of the above permission for development activities on each of the instant land from Company B to the Plaintiff; and (b) applied for permission for alteration of development activities; (c) on September 27, 2017, on the Plaintiff on September 27, 2017, imposed farmland preservation charges of KRW 80,941,200 on the Plaintiff; (d) the Plaintiff paid farmland preservation charges on October 26, 2017.

(hereinafter referred to as the “instant disposition”) D. The imposition of farmland preservation charges imposed on the Plaintiff by the Sungsung City.

On October 27, 2017, the chemical Mayor made a revised permission for development activities (G) under Article 56 (2) of the National Land Planning and Utilization Act to the Plaintiff, and notified the same day.

A person who obtained permission to engage in development activities at his/her office and acquired each of the lands of this case by auction. Therefore, he/she is prior to the time of obtaining permission to engage in such activities.

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