1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On March 14, 2017, the Plaintiff filed an application with the Defendant for the issuance of the qualification certificate for acquisition of farmland regarding the instant land, stating the purpose of acquisition in weekend and experience farming at the auction, as the highest bidder in the Daejeon District Court D real estate auction (hereinafter “instant land”).

B. On March 15, 2017, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”) against the Plaintiff on the ground that “the instant land needs to be issued with the qualification certificate for acquisition of farmland at the time of acquisition, or for restoration of the portion illegally altered in form and quality (entry roads and miscellaneous land) and cannot be deemed farmland that can be cultivated at present,” and that “the instant application cannot be deemed farmland that can be cultivated at present.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 1 and 2 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is unreasonable that the Plaintiff, who is not the owner of the instant land, has no authority to restore the instant land to its original state. ② The current status of the instant land was identical even around June 20, 2013 upon the completion of the registration of ownership transfer, and the application for the qualification certificate for acquisition of farmland was accepted at the time of the completion of the registration of ownership transfer, and the instant disposition was made with respect to the instant application is unfair against the principle of proportionality. ③ Since the qualification certificate for acquisition of farmland is a large-scale disposition with no room for discretion, the Defendant cannot refuse the instant application. ④ Since the instant disposition causes considerable damage to the Plaintiff, the instant disposition is deemed to have exceeded and abused discretionary authority.

B. Article 6(1) of the Farmland Act provides that farmland shall be used for its own agricultural management.