1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. On March 15, 2018, the Plaintiff submitted to the Defendant an assessment report on the impact on the educational environment (hereinafter “educational environment assessment report”) pursuant to Article 6(1) of the Act on the Protection of Educational Environment (hereinafter “Educational Environment Act”), along with a summary of design, surrounding map, and written confirmation, on the part of the Defendant, on the 18,468 square meters (hereinafter “instant project site”) among the 6 lots of Busan Shipping Daegu B, Busan, the 18,468 square meters of land located within the educational environment protection zone, among the 6 parts of the 15,468 square meters of the instant project site (hereinafter “instant project site”).

CD D D D D

B. On July 24, 2018, the Defendant rejected an application for approval of an assessment of educational environment on the ground that “a condominium business constitutes prohibited acts and facilities in educational environment protection zones under Article 9 subparag. 27 of the Educational Environment Act (hereinafter “instant legal provisions”) and returned all civil petition documents.”

hereinafter referred to as "the disposition of this case"

(ii) [Ground of recognition] unsatisfy, Gap 4, 6 evidence, Eul 1 evidence (if available, including branch numbers; hereinafter the same shall apply);

each entry, the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1 made the instant disposition on the premise that the instant condominium is a facility corresponding to " hotel business" or " hotel business" as stipulated in the instant legal provision.

However, each subparagraph of Article 9 of the Educational Environment Act is a provision that serves as the basis for an indivative administrative act that restricts the exercise of the people's property rights, and thus, it should be strictly interpreted and applied. Considering the following circumstances, the facilities such as the instant condominium cannot be deemed as falling under the above " hotel business" or " hotel business," and the disposition of this case is taken.