1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Details of the disposition

On July 3, 2014, the Plaintiff filed an application for building permission in the form of complex civil petition containing an application for diversion of farmland and alteration of the form and quality on the ground of 196 square meters (hereinafter “instant application”) of the building area and the total floor area of 98.40 square meters on the ground of Seoul, Gangnam-gu, Seoul (hereinafter “instant site”).

On July 16, 2014, the Defendant’s motion is not appropriate for changing the form and quality of buildings and land under Article 34(2)2 of the Farmland Act, the proviso of Article 12(1) of the Development Restriction Zone Act, and the conditions of permission for changing the form and quality of land. ④ In preparation for the Plaintiff’s current state of agricultural management, agricultural production, and shipment record, the realization of the purpose of conversion is uncertain, and the construction of the warehouse is excessively wideer than the area necessary for realizing the exclusive purpose (direct produced agricultural storage) and the size of the farmland to be diverted is not required under Article 22 and attached Table 2 of the Enforcement Decree of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”). However, the instant motion is clearly stated in Article 34(2)2 of the Farmland Act, Article 12(1)3 of the Restriction on Development Restriction Zones, Article 27 subparag. 4 and Article 27(1)4 of the Farmland Act, and Article 5(2)37 of the Farmland Act.

(hereinafter “instant disposition”). On October 6, 2014, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Seoul Special Metropolitan City Administrative Appeals Commission.