The defendant shall be innocent.

1. The Defendant, who is currently engaged in the land lease business, owned the land B (exclusive area 2,359 square meters) of the following city, the land category of which is farmland in the agriculture promotion area, by inheritance from the referring for about 30 years before around 30 years.

A person who intends to divert farmland shall obtain permission from the Minister of Agriculture, Food and Rural Affairs, as prescribed by Presidential Decree.

Nevertheless, from February 25, 2015, the Defendant entered into a land lease contract with three constructors, including C, on the condition of paying KRW 1 million per annum from 100 square meters, and diverted the said land for the purpose of storage, etc. by piling up construction materials and 5-6 containers on farmland within the said agriculture promotion area without permission from the Minister of Agriculture, Food and Rural Affairs.

2. Determination

A. The main sentence of Article 2 subparagraph 1 (a) of the Farmland Act provides that farmland shall be “the land actually used for the cultivation of crops, regardless of its legal category, such as electricity, paddy field, orchard, orchard, and any other land actually used for the cultivation of perennial plants.”

Therefore, whether land is farmland or not shall be determined according to the actual state of the land concerned regardless of the land category in the public record, and therefore, even if the land is a land category registered on the public record, if the land is lost as farmland and its lost condition cannot be deemed temporary, the land shall no longer constitute farmland, and as a result, it shall not be subject to permission for diversion of farmland under the former Farmland Act.

(Supreme Court en banc Decision 2007Do6703 Decided April 16, 2009, etc.) B.

B from December 1990 to December 192, 1992, the following circumstances acknowledged as a result of the records of the instant case: (a) Dosan-si (hereinafter referred to as “instant land”); (b) Dosan-si (hereinafter referred to as “instant land”); (c) performed the construction of sewage culvert buried under the name of the Defendant (hereinafter referred to as “instant construction”); and (d) Dosan-si (hereinafter referred to as “instant construction”); and (c) as a result, household sewage and factory wastewater.