1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On October 2, 2015, the Plaintiff and her husband B filed an application for development activities (land form and quality alteration) with the Defendant on the ground that “In order to create the instant application site as a site for Class I neighborhood living facilities (retailing stores) at the Pakistan-si, the Plaintiff owned by the Plaintiff (hereinafter “instant application site”). However, on November 9, 2015, the Defendant rendered a non-permission disposition (hereinafter “instant disposition”) on the ground that “the instant application site was completed for agricultural production and expansion projects, such as light land rearrangement and repair facilities, and the preservation value is high, and it is likely to be high as a result of the diversion of farmland due to the high possibility of dive erosion of nearby farmland at the time of the diversion of farmland and detrimental to the adjacent agricultural management environment, thereby inappropriate as a result of the diversion of farmland, thereby violating Article 37(2) of the Farmland Act and Article 33 of the former Enforcement Decree of the Farmland Act (amended by Presidential Decree No. 27628, Nov. 29, 2016).

B. The Plaintiff and B appealed against the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but the said commission dismissed it on April 12, 2016.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, and 10 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion of this case should be revoked on the grounds that the disposition of this case was in violation of law that deviates from and abused discretion for the following reasons.

1) Since the instant application is farmland outside the agricultural promotion zone, the land category becomes the paddy field, but even if the former owner used waste, etc. as a whole, it cannot be seen as a superior farmland with high need for preservation as farmland. (ii) The instant application is filed, but the instant application is designated as a production green area capable of diversion of farmland, and the remaining land is designated as an agricultural promotion zone. As such, development activities are conducted on the instant application site.