1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Around February 2014, the Plaintiff entered into a land reclamation agreement (hereinafter “instant land reclamation agreement”) with the Defendant, stating that the Plaintiff shall reclaim the land located on the 4,086 square meters and 19 lots (hereinafter “each of the instant lands”) located on the 4,086 square meters and 19 lots, which are owned by the Defendant, on the condition that the period of reclamation shall be eight months from February 26, 2014 to October 25, 2014; however, “the industrial wastes, etc., which are soil contamination, do not perform an illegal reclamation act” (hereinafter “instant land reclamation agreement”).

B. Around April 2014, the Plaintiff filed an application for permission for development activities (such as farmland improvement for farming purposes) with the Defendant and C to reclaim each of the instant land in the name of the Defendant and C (hereinafter “application for permission for the development activities of this case”). The attached business plan states that “a reinforced retaining wall is installed to prevent the inundation of each of the instant land, and a mixture of inorganic sludge and high-quality soil sand generated in the aggregate production process, and embling them on the surface of the flood-related low-water, retaining wall, and drainage channel,” as the main part of the project.

C. Meanwhile, around May 14, 2015, the Defendant asked the question as to whether inorganic sludge can be used for cutting or filling, by mixing it with general soil and 5:5, and on May 15, 2015, on the grounds of the Wastes Control Act and the Enforcement Decree thereof, the Defendant sent a reply to the effect that “only in cases where it is used for filling materials, auxiliary materials, floor materials of road structures and landfill facilities, etc., which are authorized and permitted under the Wastes Control Act and the Enforcement Decree thereof, may use inorganic sludge, and where it is used for covering the soil of farmland, low-water zone, and powder-to-bes, etc., it shall be limited to cases where a Mayor/Do Governor separately recognizes it.”

After receiving the above reply, the Defendant withdrawn the application for permission of the development of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, 3 and 5 respectively.