부설주차장용도변경거부처분취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. Details of the instant disposition
A. On May 22, 2009, C acquired the ownership of the underground 1st floor F, and underground 2 G G of the building on the land outside D and three parcels of land (hereinafter “instant age club”); on November 15, 2010, B prior to the leisure hour B (hereinafter “instant land”); and on November 17, 2010, submitted a “plan for the installation of adjacent parking lots adjacent to the instant parking lots” (hereinafter “instant plan for the installation of annexed parking lots”) to the Defendant to establish the instant parking lots on the instant land, and obtained the same permission (hereinafter “instant installation permission”).
Accordingly, on November 18, 2010, the land category of the instant land was changed from “former” to “parking lot.”
B. After acquiring the ownership of the instant land on June 13, 2013, the Plaintiff filed an application with the Defendant for changing the purpose of the attached parking lot established on the instant land to “site” on April 17, 2019.
C. On May 2, 2019, the Defendant rendered a disposition of non-permission to change the purpose of use (hereinafter “instant disposition”) on the ground that “an attached parking lot cannot be used for any purpose other than an attached parking lot pursuant to Article 19-4 of the Parking Lot Act, and the Plaintiff’s application does not meet the standards for changing the purpose of use of an attached parking lot under Article 12 of
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 2 through 5, 11 through 17, and the purport of the whole pleadings
2. The plaintiff's assertion
A. According to the delegation of Article 19(4) of the Parking Lot Act, Article 15(1) of the former Ordinance of the Parking Lot (amended by Ordinance No. 778, Nov. 22, 2010; hereinafter “former Ordinance”) set the scope of the neighboring area of the site where an annexed parking lot is established as “within 200 meters in straight line or 400 meters in visible distance from the boundary of the site in question to the boundary of the annexed parking lot”.