2. The costs of lawsuit shall be.

A. On May 1, 2017, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with the Defendant to newly construct facilities related to animals and plants (hereinafter “instant application”) with a total floor area of 6,291.06 square meters on the ground of Gangwon-gun, C, D, and E totaling 11,968 square meters (hereinafter “instant site”).

B. On May 23, 2017, the Defendant rejected the instant application to the Plaintiff on the ground that “the instant application constitutes part of the restriction area on raising livestock under Article 3(2) of the Ordinance on the Raising of Iron-gun Livestock within 2,000 meters from the residential congested area and military units where the instant application is filed.”

(hereinafter “instant disposition”). The Plaintiff’s instant disposition on the ground of recognition is premised on the application of the amended Ordinance on the Livestock Raising of Iron-gun as of April 24, 2017, while the instant disposition on the ground that there was no dispute as to the ground of recognition, Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 2, and 3 (including each number), and the overall purport of the instant disposition is legitimate. However, the Defendant did not legally announce topographic maps under Article 3(2) and [Attachment Table 1] of the Ordinance on the Livestock Raising of Iron-gun by May 23, 2017, as at the time of the instant disposition, at the time of the instant disposition, the designation of an area subject to restriction on livestock breeding under the said Ordinance was not effective.

Ultimately, the instant application shall be governed by the Ordinance before amendment as of April 24, 2017, and the instant application does not fall under a zone where livestock breeding is restricted as prescribed by the previous Ordinance before the amendment. Thus, the instant disposition is unlawful since the grounds for the disposition do not exist.

It shall be as shown in the attached Form of the relevant statutes.

Facts of recognition

In the former Ordinance on the Protection and Restriction of Livestock Raising of Iron-gun (Amended by Ordinance No. 2378, Apr. 24, 2017; hereinafter referred to as the “former Ordinance”), “area within 500 meters from the boundary of a collective village or military unit” is an area subject to the full restriction on livestock breeding, and “collective village and military unit”.