1. Revocation of a judgment of the first instance;

2. Application for approval of the use of a building against the Plaintiff on September 13, 2016 by the Defendant.

1. Details of the disposition;

A. From around 1994, the Plaintiff constructed one mooring shed (hereinafter “former History”) on the ground B (hereinafter “instant land”) in Pyeongtaek-gun, Chungcheongnam-gun, 1994, and raised chickens.

B. The Plaintiff, in order to build a new map on the ground, such as the Jeon-nam Ha-gun D (hereinafter “new map”), has built a new map in around 2012 with the written consent on the construction of a new map from the residents of the village in the vicinity of the previous map and the new map.

C. On November 6, 2014, the Plaintiff filed an application with the Defendant for a building permit to newly build animal and plant-related facilities of a total floor area of 3,215.7 square meters on the ground of the instant land (hereinafter “instant fraternity”) and the Defendant issued a building permit on November 21, 2014 (hereinafter “instant building permit”).

The Plaintiff attempted to construct the instant fraternity in accordance with the instant building permit, but when the commencement has been delayed due to conflict with the residents of the village in C, the Plaintiff filed an application for extension of the commencement period with the Defendant. On November 16, 2015, the Defendant extended the commencement period from November 20, 2015 to November 20, 2016, and the Plaintiff commenced the instant fraternity on March 16, 2016.

E. On July 1, 2016, the Defendant inspected the construction site of the instant village, and instructed the Plaintiff to “as the said site arbitrarily spreads gravel on the front-nam E road located in the construction site to cause inconvenience to residents,” the Defendant shall restore the said site to its original state by July 15, 2016.”

Accordingly, the Plaintiff responded to the Defendant to restore to its original state during the period from July 31, 2016 to August 10, 2016, as it is difficult for the Plaintiff to restore to its original state within the deadline. However, the Defendant failed to restore to its original state until the inspection of the construction site of the instant fraternity on August 11, 2016.

F. On August 24, 2016, the Defendant inspected the construction site of the instant fraternity and still has not been restored to its original state.