농지매수청구의 대상 및 절차에 관한 고찰

Abstract A request for the purchase of farmland under the Farmland Act refers to an order to dispose of farmland owned by a farmland owner or requesting the Korea Rural Community Corporation to purchase farmland designated as an agricultural promotion area. Therefore, the request for the purchase of farmland targets farmland that has been ordered to dispose of and farmland in agricultural promotion areas. First, let's look at the requirements of the farmland disposal order that enables a claim for farmland purchase. The farmland owner shall dispose of the farmland when the administrative agency recognizes that the farmland owned is not used for agricultural management or is not used without justifiable grounds. In addition, a person who acquires and owns farmland shall dispose of the farmland even if the administrative agency recognizes that it is not used for the target business of the acquisition. However, if the farmland owner does not dispose of the farmland subject to disposal during the farmland disposal obligation, it is a general farmland disposal order for the administrative agency to order the farmland owner to dispose of the farmland. On the other hand, after the revision of the Farmland Act in 2021, the administrative agency was issued a certificate of farmland acquisition qualification by false or other fraudulent means and ordered to dispose of farmland if it was recognized as owning farmland. In addition, even if the administrative agency recognizes that an agricultural corporation has operated a real estate business under the Korean Standard Industrial Classification announced by the National Statistical Office by utilizing or appropriating farmland, an order to dispose of farmland can be issued. Second, in order to efficiently use and preserve farmland, a purchase request can be made for farmland in an agricultural promotion area designated. If designated as an agricultural promotion area, activities are restricted on farmland within the area. Therefore, although compensation must be made for farmland in the agricultural promotion area, direct compensation under the current system cannot be made, and the request for farmland purchase has been recognized as indirect compensation. In order to make a request for the purchase of farmland as described above, a certain procedure must be followed. First, the administrative agency investigates the actual conditions of farmland use, such as idle farmland and agricultural promotion areas. After that, the administrative agency shall confirm the facts on the ownership, transaction, use, or appropriation of farmland and impose an obligation to dispose of farmland for a certain period according to the result. If a disposition is not made within the disposition obligation period, the administrative agency shall issue an order to dispose within a certain period. However, if a farmland owner starts vigilance on the farmland subject to disposition within the disposition obligation period or signs a disposition consignment contract with the Korea Rural Community Corporation, the disposition may be deferred and the disposition order will be suspended for up to three years. However, if it does not fall under the grounds for the suspension of disposition during the grace period of the disposition order, the suspended disposition order is received without delay. In this way, if a farmland owner receives an order to dispose of it, it is possible to request the purchase of farmland within the disposal order period, but if the disposal order is not fulfilled by the designated period without justifiable reasons even after receiving the disposition order, a compulsory performance fee will be imposed. When a farmland owner receives an order to dispose of the farmland, the farmland must be disposed of, but there is a problem that it is difficult to sell the farmland in reality. In order to solve this problem, the farmland purchase claim system was recognized. However, there is a problem of effectiveness because the farmland purchase price is much lower than the market price. Therefore, when the farmland owner receives an order to dispose of the farmland, it is necessary to find the buyer and sell it within the disposal order period.