2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On July 1, 2013, the Plaintiff filed an application for permission for development (hereinafter “instant application”) with the Defendant, including an application for permission for development activities, to newly build animal and plant-related facilities with a total floor area of 2,994m2 on the ground of 4,995m2 (hereinafter “instant application site”).

B. On July 16, 2013, the Defendant returned the instant application for the following reasons.

(hereinafter referred to as the “instant disposition”). B, the project application place, is the excellent farmland for which the arable rearrangement project has been completed, and is the land in an area where conservation is necessary rather than development. When permission for new construction of animal and plant-related facilities is granted, the implementation of harmony with surrounding environments and landscapes, such as continuous diving of nearby excellent farmland and actual use of surrounding land, and environmental pollution is likely to occur. Thus, Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the same Act (Standards for Permission for Development Acts) are contrary to Article 58 of the same Act.

The Plaintiff dissatisfied with the instant disposition and filed an application for adjudication with the Chungcheongnam-do Administrative Appeals Commission, but was dismissed on November 19, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 3 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) Since the Farmland Act amended on January 3, 2007, as amended on January 3, 2007, stipulates “the site for livestock pens” as farmland, even if a livestock shed is newly constructed on good farmland, the relevant site is still continuously preserved as good farmland. Therefore, there is no room to apply the provision under subparagraph 1(a) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, which prohibits permission for development activities on good farmland (hereinafter “National Land Planning Act”).

Therefore, the necessity of preserving good farmland and the erosion of good farmland.