The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

On January 23, 2019, the Plaintiff filed an application for permission for construction in the form of complex civil petition (hereinafter “instant application”) with the Defendant for new construction of Dong and plant-related facilities with a site area of 14,327.7 square meters, building area of 8,217 square meters, four buildings, and three auxiliary buildings (hereinafter “instant fraternity”) on the land B (hereinafter “instant application site”).

On November 8, 2019, the Defendant notified the Plaintiff of non-permission of the instant application for the following reasons (hereinafter “instant disposition”).

1. The instant application place limits the prohibition of using land not directly related to agricultural production or farmland improvement under Article 32 of the Farmland Act to preserve superior farmland in the agricultural promotion area among agricultural and forest areas on the special-purpose area.

2. An agricultural production-based improvement project, such as arable land rearrangement and irrigation facilities, is being implemented, and there is a concern that the erosion of excellent farmland, such as fluoral diversion of neighboring farmland, is likely to occur when the relevant farmland is diverted to a large scale fraternity;

3. The filing of the instant application is the good farmland created by making enormous budget inputs in accordance with the Act on the Maintenance and Improvement of Agricultural and Fishing Villages, and if a large-scale fraternity is constructed, it will not only cause damage to the farm roads due to access to large vehicles and damage to farming activities, but also cause a

4. An area in which C is located in the vicinity of the application site of this case and which is designated as an area worthy of conservation in the future in accordance with Article 34 of the Natural Environment Conservation Act and is a second-class zone on the ecological and natural map designated as an area for conservation in the future in accordance with Article 34 of the Natural Environment Conservation Act and is highly likely

5. C water pollution and concerns over soil contamination in neighboring areas due to the leakage of livestock wastewater caused by flood when a heavy rain occurs due to the recent weather change;

6. Ensuring the pleasant environment and right of living of residents.