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(영문) 광주고등법원(전주) 2017.08.28 2017누1051
시정명령취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as the ground of the judgment of the court of first instance, except for the dismissal of the parts mentioned in paragraph (2) below and addition of the judgment mentioned in paragraph (3). Therefore, the judgment of the court of first instance cited in accordance with Article 8(2) of the Administrative

2. Parts to be dried;

A. On the 7th page of the first instance judgment, the first instance judgment " will be followed as follows."

I would like to say.

(6) The Plaintiff did not claim against the Defendant, by an administrative litigation, that it was erroneous for the Defendant to use the instant building after setting the purpose of the instant building as “a church for cultural and assembly facilities” and obtained a building permit, and that the Defendant rejected the report on the change of purpose of use of the instant building by an administrative litigation.

3. Additional determination

A. The Plaintiff’s assertion 1) Part 1, which is being used as cultural and assembly facilities in the instant building in Chapter 1, should be excluded from the subject of the instant disposition. 2) Although the Plaintiff was under control around November 2010 on the illegal alteration of the use of the instant building, and completed correction on February 14, 2012, the Defendant issued the instant disposition with excessive completion of correction, and thus, the instant disposition was unlawful.

3) Since there exist a number of churches which are engaged in leasing business after purchasing and constructing real estate that has been housing site development in Chapter 3 religious site, and the defendant has changed the use of the warehouse in the 2nd place in the Yasan-si to the neighborhood living facilities (large restaurant) and changed the use of the cultural and assembly facilities of the Yayang-si church in the 696th Yasan-si, the disposition of this case is unlawful against the equity. 4) Since the defendant in Chapter 4, the defendant in Chapter 4, assisted the plaintiff to lease the property for any purpose other than the use of the building of this case, the disposition of this case is unlawful

5 Chapter 5, Chapter 5, as of November 30, 2016, the overall table of the building ledger for the instant building.

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