1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Details of the disposition;

A. On June 26, 2015, the Plaintiff newly constructed a ready-mixed factory (hereinafter “instant factory”) on the ground of 9,456 square meters of Masan 64,834 square meters in the documents in the Jeonnam-gun, Jeonsung-gun, and 9,456 square meters of 9,456 square meters in the same Risan 64-2 forest and 984 square meters (hereinafter “the instant application site”), and filed an application for a business plan for the establishment of small and medium enterprises operating the ready-mixed manufacturing business (hereinafter “instant application”).

B. The application of this case and the business plan are deemed to have obtained permission upon the approval of the business plan for the establishment of small and medium enterprises pursuant to Article 35(1) of the Support for Small and Medium Enterprise Establishment Act. The “approval of establishment, etc., permission for conversion of mountainous district, permission for development,

C. On July 17, 2015, the Defendant notified the Plaintiff of the non-approval disposition (hereinafter “instant disposition”) that the Plaintiff could not approve the small and medium enterprise establishment business plan due to the following reasons.

4. Grounds for non-consultation: The criteria for permission under Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), Article 56 of the Enforcement Decree of the same Act (attached Table 1-2), and the criteria for permission for development activities (Ordinance No. 456 of the Ministry of Land, Infrastructure and Transport) are not satisfied. The criteria for permission for development activities under Article 18 of the Management of Mountainous Districts Act and Article 20(6)(attached Table 4) of the Enforcement Decree of the same Act are not complied with. A) Attached Table 1-2 of the Enforcement Decree of the National Land Planning and Utilization Act and Article 1-D-1(1) of the Criteria for permission for development activities do not damage the surrounding natural scenery and aesthetic view; but the height, form, and color must be in harmony with buildings adjacent to the Gun where the application is filed, and it is anticipated that the surrounding natural scenery and aesthetic view will be damaged due to the relevant development because it falls under the temporary zone of neighboring villages.