1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On March 14, 2017, the Plaintiff filed an application for the issuance of the qualification certificate for acquisition of farmland for each of the instant land, stating the purpose of acquisition as “successful bid” and the purpose of acquisition as “cendendend and empirical farming”, after having become the highest bidder in the Daejeon District Court D Real Estate Compulsory Auction (hereinafter “instant land”).

(hereinafter “instant application”). (b)

On March 15, 2017, the Defendant rendered a disposition rejecting the instant application to 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 to restore the portion that has changed the form and quality (entry roads and miscellaneous land) by unlawful means, and thus, it cannot be deemed that farming is possible at present.”

(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap’s evidence Nos. 1 through 7, Eul’s evidence Nos. 1 and 2 (including spot numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. If the purport of the Plaintiff’s assertion 1 falls under farmland because it is possible to restore the instant land to its original state, the Plaintiff, who is not the owner of the instant land, is not entitled to restore the said land to its original state, and thus, it is unreasonable to request reinstatement. ② The current status of the instant land was identical even in June 20, 2013 when E completes the registration of ownership transfer. At the time of the application, the application for the qualification certificate for acquisition of farmland was accepted, and the instant disposition was made against the principle of proportionality. ③ Since the qualification certificate for acquisition of farmland is a large-scale disposition with no discretion, the Defendant cannot refuse the instant application, and ④ The instant disposition causes considerable damage to the Plaintiff. In light of the above, the instant disposition is discretionary.