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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 7, 2016, the Plaintiff: (a) was a corporation established for the purpose of manufacturing ready-mixed; and (b) filed an application for approval of the establishment of a small and medium enterprise, for permission for development, and for a request for consultation on farmland diversion (hereinafter collectively referred to as “instant application”), with the head of the Sung-Gun Gun, for the construction and operation of a ready-mixed factory (factory size 1,114.8 square meters; hereinafter referred to as “instant factory”) on the ground of a plot of land (hereinafter referred to as “instant land”).
Grounds for Non-approval
1. It does not conform to the detailed criteria for permission under Article 58 of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”), Article 56 of the Enforcement Decree of the same Act (attached Table 1-2 of the Enforcement Decree), and the guidelines for permission for development and operation of development activities (No. 456 of the Ministry
(a) the filed area is likely to damage the surrounding natural scenery and aesthetic view due to the development in question, immediately adjacent to the village and its surrounding road;
(b) No permission shall be granted because damage to the living environment of nearby residents and damage to the agricultural management of farmers;
(c) due to the development, there will be obstacles to traffic flow in the event of increase in vehicles following the operation of construction and ready-mixed plants.
(d) Permission system for development activities is inappropriate to be a site for permission for ready-mixed factory, in which an application is filed, taking into account the propriety of a plan, harmony with surrounding scenery and environment, etc.
2. It fails to meet the standards for permission on diversion of farmland under Article 33 (1) of the Enforcement Decree of the Farmland Act.
(a) The diversion of the relevant farmland does not cause any damage to the agricultural management of nearby farmland and the maintenance of a rural living environment, but the relevant damage is anticipated as adjacent to a typical rural village designated as a natural settlement district;
B. On January 29, 2016, the head of Si/Gun notified the Dlim Management Consulting Co., Ltd. that the Plaintiff made the instant application on behalf of the Plaintiff of the non-approval of the instant application (hereinafter “instant disposition”) for the following reasons.