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 August 3, 2017, the Plaintiff filed an application for a construction permit with respect to the Defendant to newly build a stable with a building area of 2,360 square meters, which is 2,360 square meters in building area, on the ground of B and C, as well as the total land area of 4,607.5 square meters (hereinafter “house site”).

B. Accordingly, on April 13, 2018, the Defendant notified the Plaintiff of non-permission application for construction permit (new construction) on the following grounds (hereinafter “instant disposition”).

B Japan filed an application for permission to engage in development activities for the purpose of building a site for animal and plant-related facilities ( stable-friendly company) with a thickness, as the excellent farmland located at 1.6 km away from D created for the purpose of relocation of public institutions, which has a large-scale social problem due to malodors from D neighboring livestock pens, etc., in our city, the compensation for business closure of malodor-generating facilities, such as livestock pens located in D neighboring areas, is being promoted in our city, and considering the current status, location, surrounding conditions, etc., the applicant is likely to have a conservation value as farmland as the excellent farmland, and there is a risk of water pollution, environmental pollution by soil contamination, etc., and ecosystem destruction, etc. due to E livestock wastewater, etc. which are worthy of conservation as natural resources located in neighboring areas due to development activities.

In addition, if a livestock shed is newly constructed, it was judged that damage, such as sunshine volume, water flow, and ventilation, and the erosion of superior farmland in neighboring farmland is likely to be impaired, and the results of the deliberation by the Second City Urban Planning Committee in 2018.

Therefore, the application for permission for development activities based on the above reasons is not in conformity with the actual status of land use in the surrounding area, and it is expected that the infringement of public interest is not possible because it does not harmonize with the surrounding environment or landscape.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3 (including paper numbers),