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1. On September 29, 2014, the Defendant’s revocation of an application for permission for change of the purpose of building use filed against the Plaintiffs.
2...
Reasons
1. Details of the disposition;
A. The Plaintiffs are six owners of the Da and the E-ground detached housing unit C (hereinafter only referred to as “C”) in the Chungcheong North Korea-gun C (hereinafter referred to as “C”).
B. On July 18, 2014, the Plaintiffs filed an application for permission to construct (change of the purpose of use) (hereinafter “instant building”) with the purport of changing the use of B, C, and B, and B, and B (hereinafter “instant building”) among the six units of the said detached house from a detached house to an accommodation
(hereinafter referred to as “instant application”). C.
On July 24, 2014, the Defendant demanded the Plaintiffs to supplement the permission to change the occupation and use of roads, and the Plaintiffs completed the supplementation on July 29, 2014.
On September 26, 2014, the Defendant rendered a disposition rejecting the Plaintiffs’ instant application (hereinafter “instant disposition”) pursuant to Article 11(4)1 of the Building Act on the ground that the instant application is inappropriate in consideration of the surrounding environment, such as educational environment, etc. as a result of deliberation by the Building Committee.
E. The Plaintiffs filed an administrative appeal with the Chungcheongbuk-do Administrative Appeals Commission on December 26, 2014, but the said claim was dismissed on February 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The change of the use of the alleged building by the parties should be permitted unless it is necessary for other public interests if it conforms to the construction standards for the changed use.
Since the construction of the instant building in 2009, the Plaintiffs continued to use the instant building as a family-unit accommodation facility (i.e., pension), and the purpose of the instant application is to change only the use on the public register so as to conform to the actual purpose of use that has been used during that period, and there is no additional construction or alteration of the current state after the alteration of use was made.
In addition, the building of this case can be used as a so-called hybrid hotel as the defendant is anticipated.