1. The Defendant’s act of prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zone against the Plaintiff on August 4, 2014.

1. Details of the disposition;

A. On July 18, 2014, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities in school environmental sanitation and cleanup zones pursuant to the proviso to Article 6(1) of the School Health Act to newly construct and operate a tourist hotel of the fourth and sixth stories above the ground (hereinafter “instant hotel”) on the site in Jongno-gu Seoul Metropolitan City D large 306.8 square meters (hereinafter “instant site”) located in school environmental sanitation and cleanup zones of B Middle School (hereinafter “B Middle School”) and C Elementary School (hereinafter “C Elementary School”).

B. On August 4, 2014, the Defendant received an investigation report and opinion from the head of the B Middle School and C Elementary School, and notified the Plaintiff that the Plaintiff did not accept an application for prohibited acts and cancellation of facilities after deliberation by the School Environmental Sanitation and Cleanup Committee.

(hereinafter “instant disposition”). C.

On October 20, 2014, the Plaintiff filed an administrative appeal with the Seoul Special Metropolitan City Office of Education Administrative Appeals, but the said Committee dismissed the Plaintiff’s claim on February 12, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including virtual numbers; hereinafter the same shall apply), Eul evidence 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the Plaintiff’s assertion, the scale of the hotel in this case, the view from the school, and the possibility of students’ access, even if the hotel in this case is newly constructed on the site of this case, it does not have any adverse impact on the learning and school health and sanitation of students in the middle school and C elementary school. Rather, the infringement of the Plaintiff’s property right, the infringement of freedom of business, etc., which the Plaintiff suffered due to the disposition in this case

Therefore, the instant disposition is unlawful by abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. The site of this case 1 is to be the straight line from the original text of B Middle School and C Elementary School as follows: