The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On September 12, 2018, the Plaintiff filed an application with the Defendant for a construction permit with the purport that the Plaintiff newly built a Class 1 neighborhood living facility (store) on the ground located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul (hereinafter “the instant application site”) located in a natural green area among urban areas, on the ground of 387 square meters (hereinafter “the instant application site”). On January 10, 2019, the Defendant permitted the construction permit.

B. On January 22, 2019, the Plaintiff filed an application with the Defendant for permission to modify the matters regarding the permission for construction (hereinafter “instant application”) with the purport of changing the above No. 1’s living facilities (stores) into the housing area of 76.67 square meters, the first basement, the total floor area of 302.94 square meters, and the cemetery-related facilities of the second floor above the ground (animals exclusive for animals, animal crematory facilities, and animal funeral facilities) and funeral facilities (hereinafter “instant application”). (C)

The Defendant referred the instant application to the Urban Planning Committee at Goyang-si, and the said Committee deliberated on the instant application on June 26, 2019 and decided to do so.

(d)

On July 12, 2019, the Defendant rejected the instant application due to the following reasons (hereinafter “instant disposition”). 【Unjustifiable cause 】 Location inappropriate

A. The geographical characteristics of the application site of this case and the location of the existing surrounding facilities are likely to cause damage to neighboring areas due to air pollutants and malodor of funeral facilities of the animal funeral facility of this case (as the body of the animal of this case is located in the C high-rises of the application site, it is anticipated that the air flow has been laid down by blocking the wind coming from the northwest due to the Northwest, and a crematorium pollutant, malodor, etc. will come to the nearby area). ) D Experience Experience Institute is located close to approximately 10 meters from the site of the application of this case, so it is easy for the visiting young children to be exposed to common infectious diseases (the body of the animal of this case is difficult to distinguish the animal from common infectious diseases because there is no diagnosis of death) and infringement of residential rights in neighboring areas.

(b) limitations on location under the amended Animal Protection Act (a densely-populated area of at least 20 units); and