1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since March 31, 2012, the Plaintiff, a public-private partnership project entity, is operating a 40-ground livestock excreta disposal facility (hereinafter “instant disposal facility”).

B. Around July 28, 2015, the Governor of Jeollabuk-do notified the Plaintiff of the requirement for designation and publication as a facility subject to reporting on the instant disposal facilities, as well as of the plan to take such disposition, and notified the Plaintiff of its opinion as the shipment by August 10, 2015.

The requirements of the disposition stated in the notification were 35 times from the summer in 2014 to June 2015, and the civil petition was filed on June 29, 2014; and it exceeded the permissible emission levels of malodor on January 12, 2015.

C. After hearing the Plaintiff’s opinions, on August 28, 2015, the Governor of Jeollabuk-do designated and publicly announced a malodor-emitting facility, other than the malodor control area in the instant treatment facility, as prescribed in Article 2015-176 of the Public Notice of Jeollabuk-do pursuant to Article 8-2 of the Malodor Prevention Act.

(hereinafter “instant disposition”) D.

On November 19, 2015, the Plaintiff filed an administrative appeal against the Governor of Jeollabuk-do with objection to the instant disposition. However, the Central Administrative Appeals Commission dismissed the said claim on March 22, 2016.

E. On June 21, 2016, the Plaintiff filed a lawsuit against the Governor of Jeollabuk-do seeking the revocation of the instant disposition.

(B) On February 6, 2017, the lower court rendered a judgment that revoked the instant disposition on September 28, 2017, pursuant to Article 14(6) and the proviso to Article 13(1) of the Administrative Litigation Act, the Defendant revised the Defendant from the former Governor of Jeollabuk-do into the following market: (a) pursuant to Article 14(6) and the proviso to Article 13(1) of the Administrative Litigation Act; and (b) on September 28, 2017, the lower court rendered a decision that revoked the instant disposition.

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion.