1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of the instant case is that of the first instance court’s decision, except for the addition of the judgment on the Defendant’s assertion in the first instance court under Paragraph 2 below, and thus, this is based on Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Additional determination

A. If the defendant's assertion of this case is permitted, an application for the use of nearby amusement facilities may continue. The place where the building of this case is located is adjacent to urban parks, general residential areas, educational facilities, etc., which make it possible to reduce leisure time in a family unit, and play a role as a field of experience study for children and juveniles. The front road of the building of this case is used as a student's commuting route. The disposition of this case, which returned the building of this case, after deliberation by the Building Committee, is anticipated to impair the neighboring residential environment and educational environment if a student's commuting as a amusement facility (a dan) is used, is legitimate.

B. In full view of the overall purport of the arguments in the evidence submitted in the first instance trial, the building of this case is located in the general commercial area. Even if some residential facilities exist around the building of this case, most of the commercial facilities are mixed with the commercial facilities. In urban parks are distinguished from the roads around the building of this case and the surrounding buildings, and a large-scale residential complex including apartment buildings and the school of this case are constructed at a reasonable distance. It is difficult to view that the front road is used for the school of this case and the housing complex and the building of this case as the school of this case.

Therefore, even if the building of this case includes amusement facilities (danran tavern), it is not likely to have a significant impact on residential or educational environment.

In addition, if the application of this case is permitted, an application for permission of neighboring amusement facilities will continue.