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(영문) 대전지방법원 2020.02.05 2019구합105589
농지취득자격증명원 미발급처분 취소청구
Text

1. The Defendant’s disposition to issue the qualification certificate for acquisition of farmland against the Plaintiff on May 31, 2019 is revoked.

2...

Reasons

1. Details of the instant disposition

A. On May 28, 2019, the Plaintiff became the highest bidder with the size of 116 square meters (hereinafter “instant land”) and the size of 260 square meters (hereinafter “instant land”) in the case of the compulsory auction of real estate C with Red Sung-gun District Court of Daejeon, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do.

B. On May 30, 2019, the Plaintiff filed an application with the Defendant for the issuance of the qualification certificate for acquisition of farmland to acquire the ownership of the instant land.

C. On May 31, 2019, the Defendant notified the Plaintiff of the issuance of the qualification certificate for acquisition of farmland on the following grounds:

(hereinafter “instant disposition”). Farmland subject to application may not be issued with the qualification certificate for acquisition of farmland in a state where it is difficult to change the form and quality of farmland subject to the qualification certificate for acquisition of farmland, or to use it for agricultural management due to an illegal building.

On June 11, 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Chungcheongnam-do Administrative Appeals Commission. However, the Plaintiff received a dismissal ruling on July 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In the event that farmland of less than 1,00 square meters is acquired for the purpose of weekend experience farming, the qualification certificate for acquisition of farmland should be issued regardless of the possibility of restoration to the original state. However, the Defendant issued the qualification certificate for acquisition of farmland of less than 116 square meters to the Plaintiff to acquire farmland for the purpose of weekend experience farming, taking into account the possibility of restoration to the original state, and thus, the said disposition should be revoked as unlawful

(b) as shown in the attached Form of the relevant statutes.

C. 1) Article 2 of the Farmland Act provides that “farmland” refers to farmland, i.e., paddy field, orchard, and other land actually used as farmland for crops or for perennial plants, regardless of the legal category of land (Article 1(a)), and “dition of farmland” refers to farmland.

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