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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On June 4, 2015, the Plaintiff filed an application with the Defendant for approval on the construction of a factory (hereinafter “instant application”) with the type of business as the manufacturing business of ready-mixed, the factory site area of which is 8,55 square meters, and the area of manufacturing facilities, the area of which is 55 square meters, on the land of 657-1 square meters in the foregoing alcoholic beverage, 1,860 square meters, 658 square meters in the foregoing alcoholic beverage, 3,430 square meters in the above alcoholic beverage, and 659 square meters in the above alcoholic beverage field (hereinafter “instant land”).
B. On July 10, 2015, the Defendant rendered a disposition that did not approve the establishment of a factory to the Plaintiff for the following reasons (hereinafter “instant disposition”).
The ground for non-approval: Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) does not require permission for development activities under the National Land Planning and Utilization Act; Article 58(3) of the same Act; Article 56 of the Enforcement Decree of the same Act; Article 56 of the same Act; and subparagraph 1 (Standards for Permission for Development Acts) of attached Table 1-2 (Standards for Permission for Development Acts) of the same Act are examined as follows: “The relationship with surrounding areas” under item (d) of the same Act is not appropriate for the permission standards for development activities under the National Land Planning and Utilization Act, which are “no risk of causing damage to environmental pollution due to air pollution, water pollution, noise, vibration, dust, dust, etc., caused by the development activities,” and (ii) in the case of entering the vehicle of this case, the width of the road is very narrow in the case of entering the vehicle of this case, and the passage of raw materials and ready-mixed transport vehicles causes interference with the manufacturing of neighboring factories due to traffic flow, etc.; and thus, it does not violate the permission standards for development activities by field.
[Reasons for Recognition]