1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 7, 2015, the Plaintiff filed an application with the Defendant for permission for development and farmland diversion (hereinafter “instant application”) to construct Class II neighborhood living facilities (a manufacturing facility; hereinafter “instant neighborhood living facilities”) on the ground of 97.5 square meters in building area, 8.35 meters in height, and 1st floor size on the ground (hereinafter “instant application site”).

B. On October 22, 2015, the Defendant notified the Plaintiff of non-permission of the instant application on the following grounds (hereinafter “instant disposition”).

Grounds for non-permission - Consultation on development acts to be processed by legal fiction under the provisions of Article 11 (5) 3 of the Building Act - An application filed shall be inappropriate as the location of a manufacturing establishment, such as concerns over damage to the rural and rural residential environment, in the immediately preceding of the natural village, etc. as a Class-I general residential area, in the event that the application is directly adjacent to the Class-I general residential area, and the location of the manufacturing establishment is likely to cause damage to the rural and residential environment

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant application for procedural illegality is a kind of complex civil petition including permission for development activities on “land form and quality change”. As the Defendant did not hold a civil petition coordination committee in accordance with the Civil Petitions Treatment Act and its Enforcement Decree to deliberate on whether to accept the instant application, there is an error of law in failing to undergo lawful procedures prescribed by the Act and the Presidential Decree. 2) As long as the application for a building permit does not fall under the grounds for restriction prescribed by the relevant Act and the relevant Act and subordinate statutes, a building permit holder should, in principle, grant a building permit. The instant application which is a Class 1 general residential area, does not have any problem in the relevant Act and subordinate statutes in constructing a Class 2 neighborhood living facility