logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.07.05 2017구합66368
농지처분의무 통지처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 24, 1998, the Plaintiff completed the registration of ownership transfer based on sale in the Plaintiff’s future with respect to the shares of 1573.5/3147 square meters (hereinafter “instant land”) among B 3,147 square meters (divided into B 2,106 square meters prior to October 14, 2016, C 865 square meters prior to C, and D 176 square meters prior to D).

(B) On the same day, the Plaintiff's husband's share registration was completed in the future.

On February 8, 2013, the Defendant notified the Plaintiff that the instant land would be decided as farmland subject to disposition under Article 10 of the Farmland Act because it was not used for agricultural management. Thus, the Defendant notified the Plaintiff that it would hold a hearing under Article 55 of the Farmland Act on February 22, 2013.

C. On August 13, 2013, the Defendant notified the Plaintiff that the instant land should be disposed of within the period of disposition obligation (from August 14, 2013 to August 13, 2014), since it is not used for agricultural management without any justifiable reason.

(hereinafter “the first notification”) D.

On October 13, 2016, the Defendant revoked the instant first notification inasmuch as the procedure for verifying the perusal of the hearing record against the Plaintiff was omitted in the hearing procedure conducted prior to the instant first notification, and made a confirmation of perusal of the hearing record with the Plaintiff during the period from October 24, 2016 to October 28, 2016, and notified the Plaintiff that he would re-determine the Plaintiff as the person subject to disposition and impose the obligation to dispose of farmland again. The Plaintiff received the said notification on October 17, 2016.

E. On November 3, 2016, the Defendant issued a notice that on August 2, 2015, the Plaintiff should dispose of the instant land (However, on August 2, 2015, the Defendant shall dispose of the land within the disposal period (i.e., 1,464 square meters, which is the size equivalent to the Plaintiff’s share out of the remaining area 2,928 square meters, among the total area of the instant land in which the Plaintiff’s husband E shares, the total area of the instant land was 3,147 square meters, including the Plaintiff’s husband E, within August 27, 2008.

arrow