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 July 20, 2015, the Plaintiff filed an application with the Defendant for prohibited acts and cancellation of facilities within the school environmental sanitation and cleanup zone pursuant to the proviso of Article 6(1) of the School Health Act (hereinafter “instant application”) in order to newly build a living accommodation facility of seven stories above ground (hereinafter “instant accommodation facility”) on the land on the land level of 244 square meters (hereinafter “instant site”).

B. On July 30, 2015, after deliberation by the School Environmental Sanitation and Cleanup Committee, the Defendant notified the Plaintiff of the result of application for prohibited acts and cancellation of facilities in the school environmental sanitation and cleanup zone that the Plaintiff would not accept the instant application (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap evidence 3-1, 2, Eul evidence 1 and 3, and the purport of whole pleadings

2. Whether the disposition is lawful;

A. The Defendant asserted that the instant accommodation facility does not fall under the “ hotel, inn, or inn” as provided by Article 6(1)13 of the School Health Act, the instant disposition was taken on the premise that the instant accommodation facility falls under the “ hotel, inn, or inn” as provided by Article 6(1)13 of the School Health Act.

However, Article 6 (1) of the School Health Act is a provision that serves as the basis for an indivative administrative act that restricts the citizens' exercise of property rights, and thus, it should be strictly interpreted and applied. ① The instant accommodation facilities are living accommodation facilities. Article 4 (1) of the Enforcement Decree of the Public Health Control Act and Article 3-5 (1) of the Enforcement Decree of the Building Act clearly distinguish the living accommodation facilities from the hotel, inn, and inn, which are general accommodation facilities. ② The purpose of each Act and subordinate statutes separately prescribe the living accommodation facilities other than the general accommodation facilities is to prescribe the accommodation facilities separately from the general accommodation facilities.