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(영문) 전주지방법원 2016.11.17 2016구합572
용도변경허가신청 불허가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 14, 1995, Yasan-si, the Plaintiff’s telegraph, filed an application with the Defendant for permission to change the use of a building into a funeral hall, which is located on the ground of 100-4 large 1,454.9 square meters, and used on the ground of 100-4 large 1,454.9 square meters of underground floors, 6 stories above ground, total floor area, 7,297.23 square meters above (hereinafter “instant building”), and the Defendant used the building upon obtaining the approval for use from the Defendant. On June 4, 2007, in order to install a funeral hall of the said building, the Plaintiff filed an application with the Defendant for permission to change the use of the building into a funeral hall of 165.74 square meters above ground and 803.69 square meters above ground among the above buildings, but the Defendant rejected the application by the Defendant and received a favorable judgment against the Defendant, which became final and conclusive through the Jeonju District Court No. 20079, 2089. 120898.

B. On March 23, 2009, the Plaintiff (former Mutual Liability Company) filed an application for permission to change the use of the instant building to a funeral hall with respect to the Defendant, and on April 2, 2009, the Defendant granted permission to change the use of the instant building’s 183.39 square meters on the ground among the instant buildings and 22 square meters on the ground to each funeral hall pursuant to Article 19 of the Building Act.

C. On January 20, 2016, the Plaintiff filed an application with the Defendant for permission to change the purpose of use of the instant building by converting the 1st floor to 625.7845 square meters on the ground, the 252.0169 square meters on the ground, and the 3rd floor to each funeral hall (hereinafter “application for permission to change the purpose of use of the instant building”). However, on February 3, 2016, the Defendant rejected the application for permission to change the purpose of use of the instant building on the ground that “the instant building as a result of consultation with the relevant department ought to comply with Article 76 and relevant provisions of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with the building located within the general commercial area and the central place aesthetic district, and the funeral hall as defined in subparagraph 28 of attached Table 1 of the Enforcement Decree of the Building Act was not fired in the aesthetic district.”

hereinafter referred to as "the case."

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