1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The instant application site is located within 250 meters in a straight line from the boundary of the E reservoir in size of 34,000 tons of the total quantity in D (hereinafter “instant application site”) of 3,884 square meters and C 655 square meters (hereinafter “instant application site”).

B. Accordingly, on August 18, 2016, pursuant to Article 8(1) of the Act on the Management and Use of Livestock Excreta (hereinafter “the Livestock Excreta Act”) and Article 3 of the Ordinance on the Restriction on Livestock Breeding of Seongdong-gun (hereinafter “Ordinance”), the Defendant designated and publicly announced the instant application site as “area within 250 meters in a straight line from the boundary of a reservoir of at least 8,000 tons,” and designated and publicly announced as an area subject to restriction on livestock breeding that cannot raise ducks and ducks.

(F) notification of the Sung-gun; (c)

On November 12, 2017, the Plaintiff filed an application for a construction permit with the Defendant to construct the same plant-related facilities (agredsium, a business plan area of 354.2 square meters) in the instant application site.

Accordingly, on December 27, 2017, the Defendant rejected the Plaintiff’s application for a building permit on the ground that the instant application constitutes a restricted area for raising livestock under the Ordinance of the Sung-gun.

hereinafter referred to as the "disposition of this case"

【Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion Ordinance of the Sung-gun uniformly designates an area within 50 meters in a straight line from the boundary of a reservoir of at least 8,000 tons as an area where livestock raising is restricted, “within 250 meters in a straight line from the boundary of a reservoir.”

However, the Ordinance of Sung-gun is invalid because it exceeds the delegation scope of Article 8 of the Livestock Excreta Act for the following reasons.

Therefore, the instant disposition is unlawful since the Defendant designated the instant application area as an area subject to restriction on livestock raising pursuant to the Ordinance of Sung-gun, which is null and void.

1 The application in this case is set aside in a mountain between E reservoir and E reservoir, and is the waterway of E reservoir.