1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 2, 2014, the Plaintiff filed an application with the Defendant for a permit to engage in development activities (land form and quality change), an application for a permit to newly establish a factory, and an application for permission for conversion of mountainous district, in order to establish a ready-mixed factory on the 606-11, 112 square meters (hereinafter “instant factory site”).

On September 16, 2014, the defendant held the original city planning committee to deliberate on the permission of development activities (land form and quality change) for the plaintiff.

On September 23, 2014, the Seoul City Planning Committee rejected the Plaintiff’s application as a result of deliberation, and the Defendant notified the Plaintiff of the rejection of the Plaintiff’s application for the establishment of a new factory (hereinafter “instant disposition”) in writing on the grounds as follows.

[Reasons] ① It is necessary to minimize the outflow of earth and sand by installing a drainage channel and sand string to prevent earth and sand erosion on surrounding farmland at the time of construction. However, it is difficult for an elementary school to maintain the earth and sand storage outlet at a height of 4 meters compared to the ground. ② Violation of the right to learning due to noise, vibration, dust, etc. because Gun roads are adjacent to an elementary school. There is no delivery on the 3 line, and there is no left-hand turn from the original state to the right-hand turn at the time of entry from the site, and there is a risk of traffic accidents (i.e., the use of the road in front of the 1.7km, but it is not possible to exclude the possibility of using the road in front of the above village). ③ It is likely that the residents living at the center of the area near the residential area, and there is no concern about damage to the environment and rural pollution in front of the Gun, and there is no concern that the residents living at the Dog-ri village and the village-ri village.