1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On March 2, 2017, the Plaintiff filed an application with the Defendant for permission for construction of animal and plant-related facilities (a livestock shed) with the content of newly constructing 2,816 square meters and 50 square meters in a warehouse (hereinafter “instant livestock shed”) on the ground of Seoyang-si B 4,791.8 square meters (hereinafter “the instant application site”).

B. On May 1, 2017, the Defendant notified the Plaintiff of non-permission of construction permission on the following grounds:

(hereinafter “instant disposition”). Grounds for non-permission

(a) Infrastructure (Article 58 subparagraph 4 of the National Land Planning and Utilization Act, Article 3-3-2-1 of the Guidelines for the Operation of Permission for Development Activities) (Article 58 subparagraph 1 of the Act, Article 3-3-2-1 of the Guidelines for the Operation of Permission for Development Activities) (2) the preservation of superior farmland around the upper south of livestock following the construction of livestock shed facilities, 3) the deterioration of adjacent farming environment in the event of malodor caused by livestock shed facilities

(b) In addition, pursuant to the provisions of Article 20 (1) 11 of the Urban Planning Ordinance for the Stakyang City, there is a significant violation of public interest, such as that the farming environment for surrounding farmland, such as the generation of malodor, etc., is significantly deteriorated due to the development of livestock pens (based on recognition), Gap evidence Nos. 1 and 2,

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. The assertion and judgment

A. In light of the following circumstances, the instant disposition was an abuse of discretion by considering the Plaintiff’s assertion.

1) Although there exist no grounds for permission under the relevant Acts and subordinate statutes on the construction of the instant livestock shed, including that the instant livestock shed does not fall under a zone subject to restriction on livestock raising under the Act on the Management and Use of Livestock Excreta, it is unlawful for the Defendant to deny the construction permission of the instant livestock shed on the grounds of abstract reasons such as incubation with the surrounding environment or concerns over the generation of malodor, etc. (2) The instant livestock shed is planned to be converted into a modern food facility, and thus, is unlikely to cause malodor, etc., and thus, the construction of the instant livestock shed is likely to adversely affect the surrounding agricultural environment or cause malodor.