1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is due to the participation.

1. Details of the disposition;

A. On August 13, 2013, the Plaintiff was a corporation established for the purpose of the aggregate extraction business, the business of manufacturing and selling aggregate, and on August 26, 2014, the Plaintiff registered the aggregate extraction business with the former Mayor.

B. On July 12, 2016, the Plaintiff reported to the Defendant on July 12, 2016 (hereinafter “instant report”) that he/she would select and scrap aggregate as follows in the C, D, and E (hereinafter “instant application site”).

The area for installation: Types of facilities installed with 16,740 square meters per day: The production volume of 500 cubic meters per day: The production period from July 201 to June 30, 2019: The production period from July 2016 to June 30, 2019: From June 30, 2019

C. On September 1, 2016, the Defendant notified the Plaintiff that the acceptance of the instant report is impossible due to the following reasons (hereinafter “instant disposition”).

2.As to the cases of reports on the selection and crushing of aggregate ships in C, D, and E with a thickness of shipment, it shall be notified that it is not acceptable as follows:

Reasons for not accepting a report on the crushing of aggregate;

(a) The ground for recognition / 【A', Gap evidence 1, Eul evidence 2-1, 10, and Gap evidence 4, the purport of the whole pleadings, and the purport of the whole pleadings, without any dispute.

2. Whether the instant disposition is lawful

A. In taking an administrative disposition against the Plaintiff’s assertion, the reason should be specific and clear.

However, the defendant's disposition of this case was made for unclear reasons such as "the opposition to neighboring residents," and thus, the disposition of this case is illegal as it was made without legal basis.

Even if “the opposition against neighboring residents,” which is the reason for the instant disposition, is interpreted as infringement of the environment due to noise, dust, etc. generated in the process of screening and crushing aggregate in the instant workplace or infringement of the educational environment, such as the right to study of neighboring school students, etc., the instant application is isolated from the mountain, and the manufacturing factories are scattered in the vicinity, and considerable distance from the dwelling.