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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiffs are running a singing practice room in the 8th E and F of the ground buildings D in Yangyang-si, Nam-si, a general commercial area (hereinafter “instant building”).
B. On June 11, 2019, the Plaintiffs filed an application with the Defendant for permission to change the use of the instant building from a neighborhood living facility (general restaurant) to an amusement tavern.
C. On June 14, 2019, the Defendant rejected the Plaintiffs’ above applications for reasons as follows.
(hereinafter referred to as the "disposition in this case"). In case of amusement facilities in a general commercial area pursuant to Article 76 of the National Land Planning and Utilization Act, Article 71 of the Enforcement Decree of the same Act, and attached Table 9 of the Ordinance on Southern-si Urban Planning (hereinafter referred to as the "Ordinance"), the location may be available if they are built on a site which is cut off from a residential area and a residential area or is located far away from a residential area in accordance with parks and greenbelts or the configuration-si Urban Planning Ordinance, but in case of an application, it is inappropriate to the same provision.
The Plaintiffs were dissatisfied with the instant disposition and filed an administrative appeal with the Gyeonggi-do Administrative Appeals Commission, but were dismissed on October 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiffs' assertion 1) The building of this case is the 8th floor building located in the general commercial area and a road (15-20 meters wide) between the building of this case and the residential area on the side of the building of this case. Since the building of this case and the residential area of this case are cut off visually and spatially due to the above road, Article 23 subparagraph 8 [Attachment 9] subparagraph 3 (hereinafter "Ordinance of this case").
It falls under the topographical features prescribed in this Act.
As such, the building of this case is partitioned into a residential area and a topographical feature, and its main points and singing rooms are being operated around the building of this case.