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(영문) 대구지방법원 2015.08.25 2015구합853
농지원상회복기한변경
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who is equipped with facilities, such as installing a flag, etc., by leasing a 688m2 (hereinafter “instant land”) in Daegu Northern-gu B, Daegu-gu (hereinafter “instant land”).

B. On March 11, 2015, the Defendant issued an order to complete restoration to the original state by April 13, 2015, pursuant to Article 42 of the Farmland Act, on the ground that the Plaintiff’s act of using the instant land for another purpose without obtaining permission to divert farmland violates Article 34 of the Farmland Act (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Daegu Metropolitan City Administrative Appeals Commission dismissed it on April 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 6 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff leased the instant land from January 2006 and operated the historical world. While the land category was the answer at the time of leasing the instant land, the Plaintiff did not know that operating the historical world on the instant land was in violation of the Farmland Act due to the fact that the instant land was in the state of the site.

In order for the plaintiff to restore the land of this case to farmland, the new site should be filled up and the facilities necessary for the operation of the water surface shall be installed, and the amount of 100 tons of high water shall be transferred. As ordered in the disposition of this case, it is impossible to implement it within one month, as ordered in the disposition of this case, and the disadvantage suffered by the plaintiff is much larger than that of the public interest that can be achieved thereby.

The Plaintiff’s disposition of this case is unlawful when the Plaintiff did not notify the Defendant of the violation or order corrective measures while running a secondhand property in violation of the Farmland Act for nine years or the Farmland Act.

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

(c) A person who intends to divert determined farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs;

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