1. The Defendant’s disposition to return the qualification certificate for acquisition of farmland against the Plaintiff on May 2, 2019 is revoked.

2...

1. Details of the disposition;

A. On April 30, 2019, the Plaintiff is deemed to be the land of this case not exceeding 494m2 prior to Seosan-si, Seosan-si, the compulsory auction case for real estate C with Seosan-gu, Daejeon District Court.

(B) The Plaintiff is the highest bidder with respect to the one-half share of the instant land. B. The Plaintiff filed an application for the issuance of the qualification certificate for acquisition of farmland to the Defendant for the completion of the registration of ownership transfer with respect to the one-half share of the instant land. (c) On May 2, 2019, the Defendant rejected the Plaintiff’s application on the ground that “the instant land needs to be issued with the qualification certificate for acquisition of farmland on the ground that the form and quality of the land was changed as farmland to be subject to the issuance of the qualification certificate for acquisition of farmland at the time of acquisition, and that the land cannot be issued

[The facts that there is no dispute over the grounds for recognition, entry of Gap evidence No. 1, and the purport of the whole pleadings]

2. Whether the instant disposition is lawful

A. The plaintiff's assertion of this case is a site where a building solid on the ground has been constructed for a long time, 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 constitutes farmland, and thus, the instant disposition should be revoked illegally

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

C. 1) Determination of whether the instant land falls under farmland (A) Article 2 of the Farmland Act provides for “farmland” as “farmland, paddy field, orchard, and other land actually used as farmland for crops or for perennial plants regardless of the legal land category” (Article 1(a)), and “farmland diversion” as “farmland is used for purposes other than for agricultural production or improvement of farmland, such as cultivating crops or growing perennial plants” (Article 7).