1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On September 6, 2019, the Plaintiff filed an application with the Defendant for permission to engage in development activities for changing the form and quality of B 3,909 square meters (hereinafter “instant land”) in Gunsan-si, and filed an application for a construction permit (including permission to engage in development activities and permission to install discharge facilities of livestock excreta as a single disposal matter) to newly construct one well-time and one compost (hereinafter “instant house”) with a total building area of 2,125 square meters on the instant land on the ground of the instant land.

B. On November 26, 2019, the Defendant rendered a disposition rejecting the instant application on the grounds that malodor and waste water generated from livestock pens in grouped to the Plaintiff according to the result of deliberation by the Gun/Si/Gun Urban Planning Committee (hereinafter “instant disposition”) may pollute the environment, and may cause damage to farming in surrounding farmland, and that the excellent farmland, which has been adjusted, may be planted, and that the possibility of inundation of surrounding farmland is increased due to the increase in the area of the lusable layer (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant disposition, which had no ground for disposition, was unlawful because there was no ground for disposition as follows.

1) Risk of malodor damage: The Plaintiff plans to newly construct the instant house in accordance with the standards for permission to install livestock excreta discharging facilities, and there is no concern that malodor damage is likely to occur due to the lack of citizens within 500 meters from the instant land. In light of the two types of cattle to be raised in the instant house, even if the Plaintiff newly constructs the instant house, there is no concern that malodor exceeding the permissible level prescribed by the malodor prevention Act and subordinate statutes is likely to occur. Furthermore, unlike the case of sand death, there is no possibility that environmental pollution, such as malodor and waste water, and farming damage, such as the quantity exceeding the permissible level prescribed by the malodor prevention Act and subordinate statutes. 2) The Plaintiff is likely to suffer water pollution.