1. The plaintiff's primary claim against the defendant Kimpo-market and the conjunctive claim against the defendant B are all dismissed.

1. Basic facts

A. On May 11, 2012, the Plaintiff obtained a building permit for the construction of the second class neighborhood living facilities (manufacturing place) of the general steel structure of 197.4 square meters on the ground of the 2,668 square meters (hereinafter referred to as the “instant land”) from the head of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, and paid KRW 80,040,000 of the farmland preservation charges imposed as the said building permit deemed permission for farmland diversion.

B. On May 7, 2015, Defendant B obtained a decision to permit the sale of the instant land and buildings as the highest bidder in the voluntary auction procedure for the Incheon District Court’s Vice-Support E Voluntary Auction, and completed the registration of ownership transfer in the name of Defendant B on June 1, 2015 through payment of the sale price.

(The building in this case did not have the ownership transfer registration due to the absence of completion).

On June 8, 2015, Defendant B changed the owner and construction executor of the instant building from the Plaintiff to Defendant B to the head of Kimpo-si Kimpo-si, Kimpo-si, and the head of C Eup accepted the said report in accordance with Article 12 of the Enforcement Rule of the Building Act on June 23, 2015.

On December 15, 2015, the Plaintiff filed an application for the revocation of the permission to divert farmland and the refund of farmland preservation charges with respect to the instant land on the grounds that there was no agreement to succeed farmland preservation charges with Defendant B as to the instant land.

E. Accordingly, on January 14, 2016, Defendant Kimpo-po requested Defendant B to submit documents evidencing his/her succession to the right to farmland preservation charges, and on February 3, 2016, Defendant B notified Defendant B of the payment of KRW 80,040,000 of the farmland preservation charges.

F. On March 9, 2016, Defendant B filed a lawsuit against Defendant Kimpo-si, the Incheon District Court 2016Guhap51324, which revoked the disposition of imposing farmland preservation charges, and the judgment that revoked the disposition of imposing farmland preservation charges on September 23, 2016.