A. On August 13, 2014, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone (hereinafter “instant application”) against the Defendant on the ground of the following: (a) in order to extend and rebuild the cartels of the first floor and the fifth floor above the ground to a tourist hotel with the size of the second floor above the ground and the 11st floor located in the Gigu New High School (hereinafter “instant application site”) located in the Gigu New High School’s school environmental sanitation and cleanup zone.

B. After deliberation by the School Environmental Sanitation and Cleanup Committee on August 28, 2014, the Defendant notified the Plaintiff that it would not accept the instant application on the same day.

(hereinafter “instant disposition”). C.

On September 19, 2014, the Plaintiff filed an appeal seeking revocation of the instant disposition with the Gyeonggi-do Office of Education Administrative Appeals, but the said appeal dismissed on November 27, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the size of the hotel of this case and the view from the school, etc., the Plaintiff’s assertion is that the Plaintiff seeks to operate the hotel of this case by enlarging and rebuilding the existing her old marel, and considering the scale of the hotel of this case and whether to view from the school, etc., even if the hotel of this case was constructed in the application of this case, it is not likely to adversely affect the study, school health, sanitation, etc. of the students of this case compared to the fact that the existing marel exists

Therefore, the instant disposition is unlawful as it deviates from and abused discretionary power.

In addition, the plaintiff who was engaged in accommodation business for not less than 27 years after obtaining a construction permit for the new construction of the telecom in the school environmental sanitation and cleanup zone around 198.