1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On October 13, 2006, B obtained permission to establish a medical institution regarding a convalescent prescribed in Article 3(2)3 (d) of the Medical Service Act (hereinafter “instant permission”) in the name of G convalescent (hereinafter “instant hospital”) from part of the aggregate buildings located in the window C from the Defendant, Changwon-si, the name was changed from January 1, 201 to Dvalescent (hereinafter “instant hospital”). On April 1, 201, B operated the instant hospital after being transferred from B to the status of the founder of the instant hospital.

B. The Plaintiff decided to expand the instant hospital and applied for a building permit on the land immediately adjacent to the instant hospital building (hereinafter “instant building”) to the head of the Chang-si, Chang-si, the Plaintiff obtained the building permit on March 20, 2014, which is to be newly constructed on the land immediately adjacent to the instant hospital building (hereinafter “instant building”).

After constructing the instant building on April 3, 2015, the Plaintiff obtained approval for the use of the instant building for the same purpose from the head of the Chang-si, Changwon-si.

C. Meanwhile, the hospital in this case and the site where the building in this case exist are designated as the quasi-residential area (the area necessary to supplement the commercial function and business function to support it by centering around the residential function) under Article 36(2) of the National Land Planning and Utilization Act and Article 30 subparag. 1(c) of the Enforcement Decree of the same Act (the “National Land Planning Act”) and the aesthetic district (the area of quasi-residential area and aesthetic district is 9,236 square meters) under Article 37(1)2 of the National Land Planning and Utilization Act (the area of the quasi-residential area and aesthetic district is 9,236 square meters) before the hospital in this case is established, and the area surrounding the above quasi-residential area and aesthetic district is designated as the first-class exclusive residential area (the area necessary to protect the well-friendly residential environment

On February 13, 2012 and March 3, 2014, the Plaintiff is the number of beds of the instant hospital from the Defendant.