1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On August 5, 2019, the Plaintiff filed an application with the Defendant for permission for development activities and permission for and reporting on installation of livestock excreta discharge facilities for the construction of wells (1 Dong, 2,439.08 square meters, which are animal and plant-related facilities, on the ground (hereinafter “the instant application site”) on the land of Seoyang-si B and C, a total of 4,962 square meters (hereinafter “instant application site”).

B. On September 4, 2019, the Defendant rejected the said application on the following grounds to the Plaintiff:

(hereinafter “Disposition in this case”) pursuant to Article 58(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), malodor and pests are likely to occur in accordance with the provisions of Article 20 of the Urban Planning Ordinance in order to improve the actual conditions of the use of land in the surrounding area and to make the environment of the surrounding area, and the overall purport of the arguments, including the following facts: (a) the improper rejection of the location is likely to be detrimental to the public interest due to the contamination and aggravation of the farming environment in the surrounding area; and (b) the deliberation by the Committee on the Mayang-si Urban Planning; (c)

2. Whether the disposition of this case is legitimate;

A. Considering the following circumstances, the instant disposition is unlawful by abusing and abusing discretionary power.

The defendant granted a building permit to establish a stable several times in the vicinity of the application site of this case or on the site of a similar condition within the jurisdiction, and accordingly, it is currently being operated by a large number of livestock pens.

However, the instant livestock shed is similar to the existing livestock shed already in operation, and the instant disposition is contrary to the principle of equality.

According to the Farmland Act, in view of the fact that livestock pens and the installation of facilities attached thereto are land use activities directly related to agricultural production or farmland improvement and constitute land use activities permissible in the agricultural promotion area and the fact that the site for facilities for agricultural and livestock products livestock industry is exempted from permission for diversion of farmland, etc., the instant livestock shed cannot be deemed to be in harmony with the actual use of neighboring land.

The filing date of this case is "the Ordinance on the Management and Use of Livestock Excreta (hereinafter referred to as the "Ordinance")".