1. The plaintiff's claim is dismissed.

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

Details of the disposition

On November 27, 2018, the Plaintiff filed an application with the Defendant for permission for development activities, including permission for installation of livestock excreta discharge facilities (hereinafter “instant construction permission”), to newly construct the same plant-related facilities (a wells with a size of less than 1,000 square meters) in Yeongdeungpo-gun B (hereinafter “instant application site”).

On January 30, 2019, after deliberation by the Mine-gun Gun Planning Committee, the Defendant rejected the said application against the Plaintiff on the following grounds (hereinafter “instant disposition”).

On the other hand, the fact that the designation of Jeonnam-do is located in the vicinity of the application site of this case, and the attraction of Dr.D., one of the major tourist destinations in the Gun, may cause trouble to the attraction of Dr., which is designated by the Ministry of Agriculture and Forestry, is expected to cause aggravation of the requirements for settlement of village residents who flown in the future in the process of the new village development project (the title of the project: E new village development project) designated by the Ministry of Agriculture and Forestry in the vicinity of 500 meters. Therefore, in accordance with the detailed criteria for the examination of permission for development acts in accordance with the detailed criteria for the examination of development acts, the plaintiff filed an administrative appeal with the administrative appeals commission of Jeonnam-do, but was dismissed on September 3, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, and the plaintiff's assertion of the purport of the whole pleadings as to the construction permission of this case is binding acts, and thus, it cannot be restricted unless there are significant reasons for public interest.

The filing of the instant application is an area where well-sacrines and composts can be constructed pursuant to Article 71(1)29 [Attachment 21] of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), and is far away from neighboring villages (200 meters) and satisfies the requirements for building permission.

Nevertheless, the instant disposition that rejected the instant application is unlawful.

The instant permission is also granted.