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 April 1, 2019, the Plaintiff filed an application with the Defendant for a construction permit (hereinafter referred to as “instant application”) to newly build facilities related to animals and plants of 370 square meters in the building area on the ground located in Gwangju Mine-gu, Gwangju (hereinafter “instant application site”) located in a development-restricted zone.

B. On May 27, 2019, the Defendant rejected the instant application from the Plaintiff for the following reasons (hereinafter “instant disposition”).

In order to prevent any disorderly proliferation under the C-Restriction Development Zone Management Plan and the purpose of designation of a development restriction zone, it is necessary to grant selective permission in consideration of the inevitable and urgency of the location, and the individual site is limited to the maximum extent to minimize the damage caused by the difficult development and to prevent any inconvenience for residents by minimizing the damage caused by the difficult development. D Village Day shall be designated as a collective community district on August 14, 2003 in accordance with the Act on Special Measures for Designation and Management of Development Restriction Zones and the National Land Planning and Utilization Act, and the residential environment shall be protected in accordance with the purpose of designation as an area designated as a collective community district on August 14, 2003 and managed pursuant to the C-Restriction Development Restriction Zone Management Plan, but if livestock pens is operated within 200 meters, serious adverse effects on the dwelling, and negative conservation of the natural environment and landscape adjacent to E, a local river (based on recognition), and the purport of the entire pleadings as a whole.

2. Although the distance from the Plaintiff’s argument to D village is 216 meters, the Defendant erred by misapprehending that the distance is within 200 meters, and there is no concern about environmental pollution due to new construction of the instant letter.

Nevertheless, since the defendant rejected the application of this case, the disposition of this case is unlawful.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The former Act on Special Measures for Designation and Management of Development Restriction Zones (No. 16482) was enacted on August 20, 2019.