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 May 1, 2012, the Plaintiff, a stock company established for the purpose of recycling wastes, producing manure, etc. and produces manure necessary for agriculture by disposing of livestock excreta, etc. at a place of business located in B in B in the Jeju city with the Defendant’s permission for a comprehensive waste recycling business (hereinafter “instant business”).

On the other hand, if we contact with the site of the instant business, C is a compost factory of D Farming Partnership (hereinafter “D Farming Business Place”).

B. A continuous civil petition was filed by neighboring residents, etc. since 2016 as malodor discharged from the instant place of business. The Defendant conducted a malodor test on five occasions at the instant place of business, and the result is as follows.

[ table] (Units: dilution 15) Date and time: August 16, 2016; February 22, 2017; June 22, 2017; and 44 20 10 % as a result of the inspection conducted on April 30, 2018;

C. On April 30, 2018, the Plaintiff and E, the representative director of the Plaintiff, were indicted for violating the Act on the Management and Use of Livestock Excreta as follows and issued a summary order of KRW 3 million on August 23, 2018. The above summary order became final and conclusive around that time.

E is the representative director of the Plaintiff, and the Plaintiff is a corporation established for the purpose of recycling wastes and manufacturing composts.

1. No business entity shall store, dispose of, or recycle livestock excreta in accordance with standards for the installation and operation of livestock excreta recycling facilities in order to prevent livestock excreta from flowing out from a disposal facility, storage facility, or equipment or exceed permissible emission levels for malodor emitted until manure from livestock excreta recycling facilities is recycled;

Nevertheless, around April 30, 2018, E discharges a mixture of livestock excreta recycling facilities with a level of 20 dilution discharge exceeding the permissible emission level of multiple malodor at the place of business of the said corporation (not exceeding 15 dilution drainages with the boundary of the site).