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

A. On August 1, 2017, the Plaintiff filed an application with the Defendant for registration of a specialized construction machinery maintenance business of the size of 708 square meters in the workplace (i.e., the indoor workplace of 273 square meters) with the trade name “C” (hereinafter “instant application site”) from Jinju-si (hereinafter “instant application site”).

B. On August 14, 2017, the Defendant rendered a disposition rejecting the instant application’s repair (hereinafter “instant disposition”) on the ground that, as a planned control area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Defendant cannot construct a maintenance factory corresponding to construction machinery-related facilities pursuant to Article 31(1)19 [Attachment 19] of the Jindo City Urban Planning Ordinance (hereinafter “instant Ordinance”), and Article 3-5 and [Attachment 1] 20 of the Enforcement Decree of the Building Act.

C. On September 29, 2017, the Plaintiff appealed and filed an administrative appeal seeking the revocation of the instant disposition with the Standing Committee, but on November 28, 2017, the Gyeongnam-do Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s appeal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 10, Eul evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is unlawful for the following reasons.

1) A facility used for specialized construction machinery maintenance business (short voltage) in the instant application (hereinafter “instant facility”).

() Article 3-5 [Attachment Table 1] 20 (f) of the Enforcement Decree of the Building Act, Article 31(1)19 of the Ordinance of this case, [Attachment Table 19] (m) of the Enforcement Decree of the Building Act, rather than a maintenance factory that restricts the construction in a planned control area, it constitutes Class II neighborhood living facilities stipulated in subparagraph 4 (p) of attached Table 1 of the Enforcement Decree of the Building Act, and thus, constructing the instant facilities in a planned control area.