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On May 20, 2020, the Defendant confirmed that the revocation of the registration of the sports facility business (a swimming pool business) by the Plaintiff is invalid.
Reasons
1. Details of the disposition;
A. On January 2, 2017, the Plaintiff newly constructed the instant building after obtaining a building permit on the first underground floor and the fifth five-story above ground located in Hysung-si B (Road name address: Hysung-si C) (hereinafter “instant building”). On March 16, 2018, the Plaintiff obtained approval for the use of the instant building.
According to the building ledger prepared accordingly, the main purpose of the building of this case is "facilities for the elderly and children".
B. On July 23, 2018, the Plaintiff reported the location of the place of business to the head of the Dong-si branch office under Article 20 of the former Installation and Utilization of Sports Facilities Act (amended by Act No. 15767, Sept. 18, 2018; hereinafter “former Sports Facilities Act”) and the type of business as “the first floor below the instant building” and “the swimming pool business” (hereinafter “the instant report”), and the head of Dong-si branch office accepted the instant report.
On the other hand, the use of the building of this case on the building ledger at the time of the above report is as follows.
Facilities for older persons and children on the first floor below the first floor for each floor (child-care centers), facilities for older persons and children on the second floor (child-care centers) facilities for older persons and children on the second floor (child-care centers) facilities for older persons and children on the third floor (social welfare facilities) were the first facilities for older persons and children on the fourth floor (child-care centers) facilities for older persons and children on the fifth floor, the change of indication on June 15, 2018.
C. After the instant report, the Plaintiff is operating a swimming pool for children on the first floor of the instant building (hereinafter “instant swimming pool”). D.
On May 20, 2020, on the ground that the Defendant violated Article 9 of the Enforcement Rule of the Infant Care Act (Standards, etc. for Establishment of Child Care Centers), the Defendant issued a disposition to revoke the registration of a sports facility business subject to the instant report (the date of revocation of registration: June 22, 2020).
(hereinafter “instant disposition”) e.
On the other hand, on June 30, 2020 after the filing of the instant lawsuit, the first floor and the first floor on the ground of the instant building on the building building construction ledger are children-related facilities for the elderly and children.