1. The plaintiff's claim is dismissed.

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

Details of the disposition

On February 4, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with a view to newly constructing four Dong and plant-related facilities (hereinafter “the instant house”) with a total floor space of 9,415 square meters on the ground of 15,914 square meters (hereinafter “instant site”).

Grounds for Non-permission

(a) The surrounding areas of the site subject to a building permit application are located at the G Complex where seeds of high-quality rice are supplied to the National Seed Center as the excellent farmland requiring preservation, and the continuous diving of the excellent farmland and water pollution harmful malodor, malodor, etc. in farmland at H production complex is anticipated to be damaged to agricultural management and residential environment (hereinafter “reasons subject to disposition 2”);

B. The Defendant, on May 31, 2016, issued a disposition to return the instant application to the Plaintiff for the following reasons (hereinafter referred to as the “instant disposition”) under the former Act on the Management and Use of Livestock Excreta (amended by Act No. 13525, Dec. 1, 2015) and the instant Ordinance, located within 1,000 meters from five or more residential smuggling concentration areas prescribed by the former Ordinance on Areas subject to Restriction on Livestock Raising of the B-Gun Ordinance (amended by Ordinance No. 2356, Apr. 7, 2017) on the Areas subject to Restriction on Livestock Raising of the Province (hereinafter “instant Ordinance”).

On October 24, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Chungcheongnam-do Administrative Appeals Commission. However, the Chungcheongnam-do Administrative Appeals Commission dismissed the Plaintiff’s claim on October 24, 2016.

[Reasons for Recognition] The plaintiff's ground for Disposition No. 1 is that there is no dispute, each entry of Gap's evidence No. 1 through 3 (including the number of branches; hereinafter the same shall apply), the whole purport of the pleading, and the purport of the disposition of this case.