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 December 2014, the Plaintiff filed an application with the Defendant for permission for development activities (land form and quality change) with respect to the total area of 4,985 square meters of land (hereinafter “instant application”) in order to newly construct the same plant-related facilities (a Gyeyang and its accessory warehouse; hereinafter “the instant mooring house”) on the ground of the Gangseo-gun B and three lots (hereinafter “instant application site”).

B. On April 2, 2015, based on Article 58 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 56(1) [Attachment 1-2] of the Enforcement Decree of the same Act, the Defendant issued a non-permission disposition on the instant application for the following reasons (hereinafter “instant disposition”). A.

Around 1.2km from the contribution to the instant application area to the private land and quasi-preserveding mountainous district, etc., and most of them are sections where it is impossible to drive a small-sized vehicle with approximately 2-3 meters wide, and thus, it is not appropriate to have the road conditions for development activities and purpose of the project, and it is likely to cause hindrance to traffic flow in the surrounding areas.

B. A large-scale livestock farmer is located at a distance of approximately 500 meters from the instant land, and around 150 meters from the instant land, there is a possibility that the C reservoir inhabited by wild ducks, etc. may be located in a place where it is more vulnerable to high pathogenic avian influenza, etc. due to its intended business.

(c) The fact that the necessity of important public interest to be protected from the infringement of the right to live and the question of life in the pleasant environment of neighboring local residents has no dispute over the plaintiff's promotion interest in the objective business, the entries in the evidence Nos. 1 and 2, and the purport of the whole pleadings;

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion: (a) The head of the Yangyang to be newly built by the Plaintiff is not only the generation of malodor, noise, dust, etc. as an eco-friendly modern food pattern, but also the generation of malodor, noise, dust, etc. is considerably less than the existing old food pattern.