1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Details of the disposition;

A. On December 3, 2015, the Plaintiff: (a) newly constructed a ready-mixed factory on the ground of 5,857 square meters (hereinafter “instant application site”); and (b) submitted an application for approval of the establishment of a small and medium enterprise to operate a ready-mixed manufacturing business (hereinafter “application for approval of the establishment of the instant case”); and (c) filed an application for permission for development activities aimed at changing the form and quality of a new site for the construction of a ready-mixed factory (hereinafter “instant development activities”) with respect to the instant application site.

(hereinafter referred to as the “application for permission for development activities of this case,” and the application for approval for business establishment and permission for development activities of this case collectively referred to as “each application of this case”). (b)

On February 2, 2016, the Defendant issued a notification of non-permission to refuse the application for the instant development permit (hereinafter “instant development permit”) to the Plaintiff on the following grounds, and notified the Plaintiff of non-acceptance of the application for the approval of the instant business establishment on February 3, 2016, that the application for the approval of the instant business establishment cannot be accepted according to the provisional disposition for non-permission of the instant development act (hereinafter “instant disposition for non-approval of the business establishment”).

The surrounding area of the application site of this case is the concentration of village (natural group settlement formation) and farmland in the vicinity of the E complex in the area of the Young-gun Ch and Naju-si D, and the contents, size, and methods of the business of the ready-mixed factory and its actions are likely to affect the environment, and the traffic volume is inevitable due to frequent operation of large vehicles (raw materials and ready-mixed transport), Article 58 (1) 4 of the National Land Planning and Utilization Act, Article 3 of the Guidelines for Permission Operation of Development Acts, and the right of residents to live in a pleasant environment in accordance with the "Additional Criteria for Permission for Specific Facilities in Non-Urban Area" in Chapter 4.