1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

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 used as a bus garage.

B. On April 20, 2015, the Plaintiff filed an application for permission to divert farmland with respect to the instant land to the Defendant.

The Plaintiff stated in the above application that “I will apply for permission to divert farmland (permission for change) as above pursuant to Article 34(1) of the Farmland Act, Article 32(1) of the Enforcement Decree of the same Act, and Article 26(1) of the Enforcement Rule of the same Act.”

C. On April 30, 2015, the Defendant notified the Plaintiff of a non-permission on farmland diversion.

The reasons why the Defendant stated in the “Notice of Non-Handling of Farmland Conversion Permission” are as follows:

The land of this case, which has been applied for permission to divert farmland, is the urban area (natural green belt) whose category is the previous and the answer.

Where it is intended to use farmland of a natural green belt 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.

E Company acquired farmland to conduct agricultural management on August 20, 1982 and used the instant land for the purpose of passenger transport business (city bus) and passenger transport business (city bus) without having gone through a farmland diversion permission (consultation) from the beginning, and continued to be used illegally. By April 30, 2015, Company issued an order to restore the instant land to its original state as farmland until now.

Although passenger transport business (city bus) was used with permission for development activities (land form and quality change) under Article 36(2)2 of the Farmland Act and Article 56 of the National Land Planning and Utilization Act from the time of the first use as a garage, it was illegally used for several hundreds without permission for farmland conversion (consultation).