1. The plaintiff's claim is dismissed.

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

Details of the disposition

On January 7, 2016, the Plaintiff: (a) was a corporation established for the purpose of manufacturing ready-mixed; and (b) filed an application with the Defendant for approval of the establishment of a small and medium enterprise, for permission for development, and for request for consultation on farmland conversion (hereinafter collectively referred to as “instant application”), to newly construct and operate a ready-mixed factory (a factory area of 1,114.8 square meters; hereinafter referred to as “instant factory”) on the ground of the three lots (hereinafter referred to as “instant application”).

Grounds for Non-approval

1. It does not conform to 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 of the Enforcement Decree), and the guidelines for permission for development and operation of development activities (No. 456 of the Ministry

(a) the filed area is likely to damage the surrounding natural scenery and aesthetic view due to the development in question, immediately adjacent to the village and its surrounding road;

(b) No permission shall be granted because damage to the living environment of nearby residents and damage to the agricultural management of farmers;

(c) due to the development, there will be obstacles to traffic flow in the event of increase in vehicles following the operation of construction and ready-mixed plants.

(d) Permission system for development activities is inappropriate to be a site for permission for ready-mixed factory, in which an application is filed, taking into account the propriety of a plan, harmony with surrounding scenery and environment, etc.

2. It fails to meet the standards for permission on diversion of farmland under Article 33 (1) of the Enforcement Decree of the Farmland Act.

(a) The diversion of the relevant farmland does not cause any damage to the agricultural management of nearby farmland and the maintenance of a rural living environment, but the relevant damage is anticipated as adjacent to a typical rural village designated as a natural settlement district;

B. On January 29, 2016, the Defendant notified the Plaintiff of the non-approval of the instant application (hereinafter “instant disposition”) for the following reasons against Dlim Management Consulting Co., Ltd., which the Plaintiff filed on behalf of the Plaintiff.