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 7, 2018, pursuant to Article 14(1)5 of the Building Act and Article 11(3)5 of the Enforcement Decree of the Building Act, the Plaintiff filed a construction report on the construction of one stable with a total floor area of 388 square meters (hereinafter “instant livestock shed”) on the 2,95 square meters of Masan-si, Changwon-si B (hereinafter “instant land”).

B. Meanwhile, in a case where a building report under the Building Act is completed, permission for development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) is deemed granted pursuant to Articles 14(2) and 11(5)3 of the Building Act. As such, an administrative agency should also examine whether a building report satisfies the requirements for permission for development activities under the National Land Planning and Utilization Act if there is a building report.

C. On March 26, 2018, the Defendant rendered a provisional disposition to refuse development activities (hereinafter “instant disposition”) to the Plaintiff on the ground that (i) the instant land is located in the Korea Agricultural Promotion Area under the Farmland Act; (ii) there is a high need to maintain the current state as a farmland cultivation area; and (iii) water pollution caused by the construction of the instant stable, etc. is likely to cause damage to nearby farmland.

The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but was dismissed on May 30, 2018.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 4, Eul's 1 through 3, the purport of the whole pleadings and arguments

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

3. The plaintiff's assertion and judgment

A. Examining the Plaintiff’s assertion in light of the following circumstances, the instant disposition is an abuse of discretion and is unlawful. A) The instant livestock shed is the Act on the Management and Use of Livestock Excreta (hereinafter “Act on Livestock Excreta”).

In accordance with this, livestock excreta discharge facilities shall be installed. The plaintiff omitted the review on the installation of livestock excreta discharge facilities, and the livestock shed in this case.