1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On June 13, 2016, the Plaintiff filed an application with the Defendant for a building permit (hereinafter “instant application”) stating that ten Dong-related facilities (a stable) with a building area of 3,708.5 square meters in building area (hereinafter “the instant livestock shed”) should be built on the site of B 5,018 square meters and C 4,792.4 square meters (hereinafter “the instant application site”).

B. On July 5, 2016, the Defendant rendered a non-permission disposition on the instant application against the Plaintiff on the following grounds:

(hereinafter “instant disposition”). A.

The construction of the application site shall not be lower than the adjacent road surface pursuant to the provisions of Article 40 (1) and (2) of the Building Act, and necessary measures, such as filling-up of damp land and other similar things, such as ground improvement, shall be taken.

b. Also, neighboring areas, including the application site, need to improve the ground by filling up the entire surrounding areas into habitual flood areas and is anticipated to cause enormous environmental damage on farmland and inland waters due to flooding of a stable site due to the concentration of fluence d tidal bank, so it is difficult to accept the construction report due to the benefit of the public interest.

In accordance with Article 58 (Standards, etc. for Permission for Development Activities) and Article 56 (Standards for Permission for Development Activities) (4) of the Enforcement Decree of the National Land Planning and Utilization Act, an application for permission for development activities is inevitable to be preserved as excellent farmland near the center of a collective arable area. An area including this building site is likely to cause environmental pollution and danger and injury to an area where flooding occurs, and the development activities are unlikely to occur, because the surrounding area, including this building site, is likely to cause a concentrated flood.

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1 sets up the ground of the instant application at a height of 40 cm in order to construct the instant livestock shed.