1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the instant disposition

A. On December 24, 2014, the Plaintiff, a corporation established for the purpose of manufacturing and selling ready-mixeds, applied for approval of the business plan for the establishment of a small and medium enterprise (hereinafter “instant application”) to newly construct and operate a ready-mixed factory (hereinafter “instant factory”) on the 336 square meters and two parcels (the 7,008 square meters per annum; hereinafter “the 2,260.68 square meters per annum”) located in the Guang-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant on December 24, 2014.

B. On March 17, 2015, the Defendant rendered a non-provisional disposition against the Plaintiff for the establishment of a small and medium enterprise on the following grounds (hereinafter “instant disposition”).

[Grounds for Absence] - Local governments shall be responsible for residents to live in a pleasant environment pursuant to Article 35 of the Constitution and Article 4 of the Framework Act on Environmental Policy, and shall notify the following reasons that the approval of the Plaintiff’s small and medium enterprise establishment project plan is not possible in order to protect the rights of residents to live in a pleasant environment:

- First, in the vicinity of the site for the project, the residents oppose the project approval plan, such as expressing the opposing intent of social organizations at the night to the site where the settlement complex of immigration residents is concentrated, and submission of a signature book against the installation of 1,339 residents at the night, and second, in the area adjacent to the existing collective development pursuant to the provisions of Article 36, paragraph 2 of the Integrated Guidelines on the Development of Industrial Sites, the designation of individual factory sites may not be approved. The project target is 150 existing residents of the neighboring village, such as field, ocean, e.g., the project target is located in the area adjacent to the village and farmland, and third, it is likely to cause damage to neighboring residents and farmland due to noise, dust, generation of noise, vibration, traffic congestion, etc. caused by the operation of the ready-mixed factory and transportation vehicle.