1. The plaintiff's claim is dismissed.

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

Details of the disposition

On May 8, 2015, the Plaintiff filed a prior examination request with the Defendant pursuant to the Civil Petitions Treatment Act in order to construct a ready-mixed factory on the land outside Seocheon-gun, Chungcheongnam-gun, and five parcels (hereinafter “the instant application site”). The Defendant notified the Plaintiff of the result of the prior examination of civil petition with the following purport: “In accordance with the overall review of the pertinent departments, the Plaintiff shall file an application in accordance with the standards and procedures for factory location for ready-mixed manufacturing business according to the overall review of the relevant departments.”

- Treatment of ground water following the use of ground water, water pollution problems of C, which is the site subject to the ecological river development project, and concerns over damages caused by the dust in neighboring areas, etc. - The project site is an area where a planned control area may strengthen or mitigate the base of permission for development activities through deliberation by the Gun Planning Committee pursuant to Article 58(3)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). The opinion that rejected deliberation by the Seocheon Gun Planning Committee is decided not to be in harmony with the surrounding environment under Article 58(1)4 of the same Act, so permission for development activities would not be granted by respecting the confirmation of deliberation. On October 13, 2015, the Plaintiff applied for the approval of the establishment plan (factory establishment) to the Defendant around October 13, 2015, and the Defendant rejected the Plaintiff on November 13, 2015 for the following reasons, accompanied by the deliberation result by the Seocheon Gun Planning Committee:

On January 11, 2016, the Plaintiff filed an application with the Defendant for approval of a business plan, the main contents of which are the construction of ready-mixed factories (a building area: 183.63m2, 254.40m2, hereinafter “instant factory”) in the instant application site for a business of manufacturing ready-mixed factories (hereinafter “instant business”), and filed an application for permission for development activities for the construction of ready-mixed factories in the instant application site.

(hereinafter “instant application”). On February 2, 2016, the Defendant issued the instant application to the Plaintiff for the following reasons.