The appeal is dismissed.

The grounds of appeal are examined.

1. Articles 1, 2(2), 11, and 19 of the Building Act aim at improving the safety, function, environment, and aesthetic view of a building by establishing the standards for the site, structure, and equipment of the building, and the use of the building, thereby contributing to the promotion of public welfare. The types of buildings are classified by similar structure, purpose of use, and form; the requirements for the building permit are separately determined for each use of the building; and the use of the building is prohibited from altering the purpose without permission.

Article 3-4 of the former Enforcement Decree of the Building Act (amended by Presidential Decree No. 25786, Nov. 28, 2014) upon delegation of Article 2(2) of the Building Act (amended by Presidential Decree No. 25786, Nov. 28, 2014) provides for the types of buildings by use.

According to this, a private teaching institute is classified into ① a private teaching institute (limited to a institute with a total floor area of less than 500 square meters used for the same purpose, and excluding a private teaching institute or a dance institute) which is a kind of educational and research facility (excluding a facility falling under class 2 neighborhood living facilities), ③ “private teaching institute (excluding a private teaching institute or a dance institute)” which is a kind of educational and research facility, and ③ “a dance institute.”

Here, “a dance institute” is classified as “a dance institute” (except for Class 2 neighborhood living facilities), entertainment establishments, amusement establishments, amusement facility businesses under the Tourism Promotion Act, dance halls, and casino business places.

Article 11 (4) 1 of the same Part of the Building Act permits the construction of a building corresponding to "responding facilities" or accommodation facilities, the scale or shape of the use of the building to be constructed on the relevant site is deemed inappropriate in consideration of the surrounding environment, such as residential or educational environment.

Notwithstanding the Building Act or other Acts, the building permission may not be granted after deliberation by the Building Committee, if deemed necessary.

set forth.

B. Article 2 of the Customs Business Regulation Act and Article 2 of the Enforcement Decree of the same Act are Article 2 of the same Act.