1. The plaintiff's claim is dismissed.

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

1. Details of disposition;

A. On December 5, 2018, the Plaintiff filed an application for permission to engage in development activities (land form and quality alteration) and permission to divert aggregate on the ground of 6,135 square meters (hereinafter “instant application site”) among the total of 11,854 square meters, C 9,054 square meters, D 3,660 square meters, total of 24,568 square meters, and 6,135 square meters (hereinafter “instant application site”).

B. On June 10, 2019, the Defendant rendered a disposition not to permit development activities to the Plaintiff on the following grounds after deliberation by the Urban and Gun Planning Committee.

(2) Article 8(1) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) provides that a person who intends to engage in development activities in a habitual flood area shall have no risk of causing air pollution, water pollution, soil pollution, noise, vibration, dust, etc., environmental pollution, destruction of ecosystem, damage, etc. in the relevant area and its surrounding areas due to development activities under attached Table 1-21-d-(2) of the Enforcement Decree of the National Land Planning Act (hereinafter “instant disposition”). However, if permission is granted to engage in development activities in a neighboring area, it is difficult to determine the location conditions for permission for development activities, such as farmland inundation, etc. in the upper region, as the continuous development of the adjacent area is anticipated in the equitable manner of permission, and thus, it is inappropriate to grant permission for development activities. The foregoing reasons are as follows: Article 39 of the Enforcement Decree of the Civil Petitions Treatment Act (final decision of the head of an administrative agency); Article 8(1) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Act”).

C. Around August 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the appeal was dismissed on October 2, 2019.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, Eul 4, 5, 13 (including provisional numbers; hereinafter the same shall apply) and the whole purport of the pleading.