1. The plaintiff's claim is dismissed.

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

Details of the disposition

On June 26, 2015, the Plaintiff filed an application with the Defendant for approval for the establishment of a small and medium enterprise (hereinafter “instant application”) to newly construct and operate a ready-mixed factory (a building area of 3,000 square meters; hereinafter “instant factory”) on the instant site of 64,834 square meters in the Mambro 64, 834 square meters in a document in Jeon-nam-gun, Sung-gun, Sung-gun, Sung-gun (hereinafter “instant application”).

B. On July 17, 2015, the Defendant issued a non-approval of the business plan for the establishment of small and medium enterprises (hereinafter “instant disposition”) against the Plaintiff on the following grounds.

4. Grounds for non-consultation: The detailed criteria for permission under Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), Article 56 of the Enforcement Decree of the same Act (attached Table 1-2), and guidelines for permission for development activities (Ordinance of the Ministry of Land, Infrastructure and Transport No. 456), are inconsistent with the criteria for permission for development activities under Article 18 of the Management of Mountainous Districts Act and Article 20(6)(attached Table 4) of the Enforcement Decree of the same Act. (A) The standards for permission for development activities under Article 18 of the same Act and Article 18 of the Enforcement Decree of the National Land Planning and Utilization Act do not harm the surrounding natural landscape and landscape of the buildings constructed by development activities under subparagraph 1-D(1) of attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act, but the height, form, and color of the buildings must be in harmony with the neighboring buildings, and thus, it is anticipated that the surrounding natural landscape and landscape will be damaged due to development activities.