Litigation costs shall be borne by the plaintiff.

A. On December 21, 2018, the Plaintiff filed an application with the Defendant for a building permit including an application for the permission of development activities with the purport of constructing one animal and plant-related facility of a size of 1,190 square meters in the building area on the ground of 2,005 square meters (hereinafter “instant application site”) on the part of the 2,005 square meters (hereinafter “instant application site”).

(hereinafter “instant application”). (b)

On January 30, 2019, the Gun Planning Committee (hereinafter “Gun Planning Committee”) submitted the agenda on the instant application to the Gun Planning Committee for deliberation. On January 30, 2019, the Gun Planning Committee (hereinafter “Gun Planning Committee”) (i) the allocation of pollution load with respect to the total water pollution in the neighboring areas of the instant application site is higher, and (ii) the construction permit is granted for at least ten livestock excreta discharge facilities in the neighboring areas of the instant application site and construction of livestock excreta discharge facilities is expected to generate malodor and environmental pollution damage

The motion of this case was rejected on the ground of "."

C. Accordingly, the Defendant, on February 19, 2019, rejected the instant application for the following reasons, reflecting the details of the deliberation as above, to the Plaintiff.

hereinafter referred to as "disposition of non-permission of this case"

The National Land Planning and Utilization Act (hereinafter referred to as the "National Land Planning and Utilization Act") provides for the reasons for non-permission.

In accordance with Article 58 of this Act and attached Table 1-2 of the Enforcement Decree of the same Act, there are concerns over the occurrence of environmental pollution due to air pollution in surrounding areas due to the deepening concentration of animal and plant-related facilities (a stable, etc.) and complexization, and among the matters examined by the Ministry of Land, Infrastructure and Transport and the Urban Policy-906-1 [Attachment Table 1], there is no dispute over development activities (based on recognition) in conformity with the result of deliberation by the Urban Planning Committee on the grounds of environmental improper location due to environmental damage caused by malodor in surrounding areas and malodor damage, among the matters examined by the Ministry of Land, Infrastructure and Transport, and the Urban Planning Committee’s Urban Planning Committee’s Urban Policy-906 ( January 26, 2017).