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(영문) 청주지방법원 2018.11.15 2018구합3153
기타부담금부과처분취소
Text

1. Of the farmland preservation charges imposed by the Defendant on the Plaintiff on April 11, 2018, the portion exceeding 1/2 of the farmland preservation charges of KRW 10,861,80, and the portion exceeding 1/2.

Reasons

1. Details of the disposition;

A. The Plaintiff obtained permission to engage in development activities (hereinafter “instant permission to engage in development activities”) for the purpose of building a site for solar power infrastructure in the name of “E” with respect to the trade name of “C” with respect to the aggregate of 6,233 square meters of land outside B and one parcel outside the relevant agricultural promotion zone (hereinafter “instant land”) and the name of “E” with respect to the aggregate of 7,070 square meters of D and four parcels outside Chungcheongnam-si, Chungcheongnam-si, and four parcels (hereinafter “instant land”).

B. The Defendant, on April 9, 2018, notified the Korea Rural Community Corporation of the farmland preservation charges of KRW 31,772,700 for the instant land (individually announced land 43,000 x 2,463 x 30%) and the farmland preservation charges of KRW 10,861,80 for the instant land 2 (individually announced land 43,000 x 842 x 30%) on the ground that “the farmland preservation charges under Articles 34(1)1 and 38(1)1 of the Farmland Act are subject to the payment of farmland preservation charges under Article 38(1)1 of the same Act.” The Defendant, on behalf of the Defendant, notified the Plaintiff of the payment of the farmland preservation charges of KRW 31,772,700 for the instant land (individually announced land 43,000 x 43,00 x 842 x 30%) and the payment of the farmland preservation charges of KRW 30817,7081.

C. The Plaintiff dissatisfied with each of the instant dispositions and filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission, but the said administrative appeals commission dismissed the Plaintiff’s claim on June 26, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion is that Article 29 (4) 1(b) of the Enforcement Decree of the Farmland Act.

An agriculture of more than 1/2 of the labor force of the relevant household members.

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