The defendant's disposition of reinstatement to the plaintiff on December 31, 2019 shall be revoked.

Costs of lawsuit shall be borne by the defendant.

1. Details of the disposition;

A. On June 8, 2017, the Plaintiff purchased 644 square meters (hereinafter “instant land”) prior to Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and completed the registration of ownership transfer on the instant land, and constructed a wooden roof building with a size of 20 square meters on the instant land (hereinafter “instant building”) around May 2018, and additionally installed a closed-type line for storing goods with a size of 8 square meters on June 2019 on the following part of the instant building (hereinafter “instant line”).

B. On November 28, 2019, the Defendant issued a prior notice of corrective order pursuant to Article 79 of the Building Act (hereinafter “prior notice of this case”) to the Plaintiff on the ground that “the Plaintiff, without undergoing administrative procedures, such as a building report, newly constructed the instant building with a general wood structure of 28.5 square meters on the ground floor, and violated Article 14 of the Building Act.”

C. On December 31, 2019, the Defendant issued an order to reinstate the farmland to the Plaintiff without obtaining permission for diversion of farmland under Articles 34 and 35 of the Farmland Act (hereinafter “instant disposition”). The Defendant issued an order to reinstate the farmland that is capable of agricultural management as farmland by February 17, 2020 pursuant to Article 42 of the Farmland Act (hereinafter “instant disposition”). At the time, the Plaintiff’s unlawful contents were indicated as “area 28.5 square meters, housing site” and “housing site.”

[Ground of recognition] Facts without dispute, entry of Gap 1, 2 and 3 evidence (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) The details of the relevant statutes are as shown in the attached statutes;

B. In an appeal suit seeking the revocation of an administrative disposition, the determination of this Court 1) In order to seek the revocation of an administrative disposition, the agency may add or modify other grounds only to the extent that the grounds for the original disposition are recognized to be identical to the factual basis, and the existence of the identity of the basic factual basis here is legally assessed.