1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Details of the disposition;

A. On June 29, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with a view to newly constructing three Dong and plant-related facilities (stock death) of the total floor area of 4,915.56 square meters on the ground of 6,596 square meters (hereinafter “instant application site”), among the 5,030 square meters and C field 2,797 square meters and 2,797 square meters (hereinafter “instant application”).

B. On July 11, 2016, the Defendant sent an official letter to the Plaintiff on July 29, 2016, stating that “As a result of consultation with the environment with respect to the permission for the installation of livestock excreta discharge facilities under Article 11 of the Act on the Management and Use of Livestock Excreta, which is the legal fiction of construction permission, the subject matter of disposal, the Defendant agreed that “it is not possible to permit the installation of livestock excreta discharge facilities to an area less than 1,000 meters of partial restriction on livestock raising pursuant to the Ordinance on the Areas Restricted to

C. On August 9, 2016, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”) to the Plaintiff on the following grounds: (a) “The Plaintiff requested supplementation as to the instant application, but return the application as it did not complete supplementation within the given period; and (b) the Defendant returned the instant application.”

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1, 2, and Eul 1, 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Defendant’s assertion 1) The instant application area is located within 1,000 meters from a dormitory of Asan-si, Asan-si, and budget E (L) (hereinafter “L”) within 1,000 meters of the Gu Ordinance on the Areas subject to Restriction on Livestock Raising (amended by Ordinance No. 2356, Apr. 7, 2017; hereinafter “instant Ordinance”) on the Areas subject to Restriction on Livestock Raising of the Gu budget-gun.

B. When the application of this case is permitted for public interest, the agricultural environment is due to erosion of good farmland, malodor and water pollution.