1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Details of the disposition;

A. On June 29, 2016, the Plaintiff filed an application for a building permit (hereinafter “instant application”) with a view to newly constructing three animal and plant-related facilities (s) with a total floor space of 4,915.56 square meters on the ground of 6,613 square meters (hereinafter “the instant application site”) among the 5,382 square meters and C 2,797 square meters and 2,797 square meters (hereinafter “the instant application site”).

B. On July 11, 2016 and the 29th of the same month, the Defendant sent a public letter to the Plaintiff stating that “As a result of consultation with the environment with respect to the permission for the installation of livestock excreta discharge facilities under Article 11 of the Act on the Management and Use of Livestock Excreta, which is the legal fiction of construction permission, the subject matter of disposal, it was concluded that “it is not possible to permit the installation of livestock excreta discharge facilities to an area less than 1,000 meters of partial restriction on livestock raising pursuant to the Ordinance on the Areas Restricted to

C. On August 19, 2016, the Defendant rendered a disposition rejecting the instant application (hereinafter “instant disposition”) on the ground that “The Plaintiff requested supplementation for the following reasons, but did not complete supplementation within the given period” (hereinafter “instant disposition”).

Supplementary Matters: The fact that there is no dispute over the installation of facilities for raising livestock and for discharging livestock excreta in an area not exceeding 1,000 meters in partially restricted areas for raising livestock in accordance with the Act on the Management and Use of Livestock Excreta and the regulations on areas restricted for raising livestock of budget-gun livestock; the purport of the entire pleadings and arguments

2. Whether the instant disposition is lawful

A. 1) The instant application is located within 1,000 meters from a dormitory of Asan-si, Asan-si, where at least five houses are located in the residential congested area where livestock breeding is restricted (amended by Ordinance No. 2356, Apr. 7, 2017; hereinafter “instant Ordinance”) under Article 3 of the former Ordinance on Areas Restricted in raising Livestock of the budget-gun (amended by Ordinance No. 2356, Apr. 7, 2017).

B. Public interest needs.