1. The Defendant’s disposition to issue the qualification certificate for acquisition of farmland against the Plaintiff on January 22, 2018 is revoked.

2...

1. Details of the disposition;

A. On January 16, 2018, the Plaintiff becomes the highest bidder of Hongsung-gun C previously 356 square meters (hereinafter “instant land”).

B. The Plaintiff filed an application with the Defendant for the issuance of the qualification certificate for acquisition of farmland for the purpose of acquiring the “Welendend experience farming” to complete the registration of ownership transfer concerning the instant land.

C. On January 22, 2018, the Defendant rendered a disposition against the Plaintiff (hereinafter “instant disposition”) to return the Plaintiff’s application on the ground that “this case’s land is a land category (“the instant land”) but is currently used as a site under the Farmland Act, and does not fall under farmland under the Farmland Act, but the instant land needs to be restored to the form and quality of the farmland subject to the issuance of the qualification certificate for acquisition of farmland, thereby changing the form and quality of the land, and cannot be issued at the present.”

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is long-term in the instant land packed with cement and concrete, and the above ground is constructed on the cement block structure, and its current status is not the land and it does not constitute farmland.

However, the Defendant issued the instant disposition that rejected the Plaintiff’s application based on the guidelines for the examination of the issuance of qualification certificate for acquisition of farmland, which is merely a business practice rule, on the premise that the instant land falls under farmland, and thus, the instant disposition should be revoked

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

C. 1) Determination of whether this case’s land constitutes farmland is a “farmland” under Article 2 of the Farmland Act refers to “farmland”, regardless of its legal category, land actually cultivated, such as paddy field, paddy field, orchard, and others.