건축물 용도변경허가 신청 불가처분 취소 등
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Details of the disposition
The plaintiff A operating restaurant in the water-source protection area is operating a general restaurant in the name of "K" on the ground of the J-gun in Busan.
Plaintiff
B leased to M the land buildings of the Busan metropolitan area, and M is operating a general restaurant in mutual name in the above buildings.
Plaintiff
C The "P" is operating a general restaurant in the name of "P" on the O-owned building in Busan District.
Plaintiff
D The "R" is operating a general restaurant in the name of "R" in the Busan metropolitan building.
Plaintiff
E leased the Busan-gun S Ground Building to T, and T is operating a general restaurant in trade name in the above building.
Plaintiff
F The F leased the V-based building in Busan District, and W is operating a general restaurant in trade name in the above building.
Plaintiff
G, H, and I operate a general restaurant in their trade name in the building with the Y ground located in Busan-gun, Busan-gun.
On the other hand, the site and its surrounding areas of the building owned by the plaintiffs were designated respectively as AAB on February 22, 1964 and as an environmental improvement zone (Public Notice AC of Busan Metropolitan City) on December 30, 204.
On July 5, 2018, the Plaintiffs filed an application for change of the use of a building with the Defendant to change the use of the building owned by the Plaintiffs to “Class II neighborhood living facilities (general restaurants)”.
On July 19, 2018, the Defendant issued a non-provisional disposition against Plaintiff F, G, H, and I on July 20, 2018 on the ground that “A person who intends to change the use of an existing building into a restaurant within a water-source protection area and an environmental improvement zone pursuant to Article 15 subparag. 2 (d) of the Water-source Management Rules was limited to residents within a water-source protection area, but the change of use is not possible because the applicant is not a resident within the water-source protection area.”
(c).