1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 2016, the Plaintiff filed an application with the Defendant for permission to engage in development activities (land form and quality change) in order to create a site for the selection and crushing of aggregate on the area of 143-1 forest land and 4,500 square meters (hereinafter “instant application site”) in Taean-gun, Chungcheongnam-gun, Taean-gun, Chungcheongnam-do.

(hereinafter “instant application”). On November 17, 2016, the Defendant notified the Plaintiff of non-permission regarding the instant application on the ground that the instant application was used as farmland (such as field, paddy field), farming house, stock farm, stock farm, etc. around the instant application site and its surrounding area were planted to Class 2 area on the ecological and natural map, and that there is a risk of harm to surrounding natural scenery, environmental pollution, etc.

(2) The Plaintiff’s application of this case satisfies all the criteria for permission for development activities, and there is no need for significant public interest to refuse the application of this case. The Plaintiff’s application of this case satisfies the criteria for permission for development activities.

Nevertheless, the instant disposition, which the Defendant rejected the instant application, is unlawful by abusing and abusing discretionary power.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

Article 58(1) and (3) of the National Land Planning and Utilization Act provides that a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun shall grant permission for development or permission for modification only when the details of an application for permission for development activities meet the criteria for permission for development activities. Article 56 and [Attachment Table 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act provides that “no collective form, such as tidal water and trees, need to be preserved, and no longer need to be preserved,” and “development activities may cause environmental pollution, ecosystem destruction or damage, etc.