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1. The Defendant’s rejection of an application for change of use made to the Plaintiff on April 18, 2017 is revoked.
2. The Plaintiff and the Plaintiff among the litigation costs.
Reasons
1. Details of the disposition;
A. On June 19, 2014, the Plaintiff acquired a real estate rental auction procedure, and registered as a rural tourism and resort site operator pursuant to Article 85 of the Rearrangement of Agricultural and Fishing Villages Act, on July 10, 2014, a building of 55,192 square meters and its second floor (the first floor and 132 square meters and 132 square meters; hereinafter referred to as “instant building”). The Plaintiff registered the instant real estate as a rural tourism and resort operator pursuant to Article 85 of the Rearrangement of Agricultural and Fishing Villages Act, to operate the rural tourism and resort business on the instant real estate.
B. Meanwhile, the instant real estate located in a national park is designated as a park natural environment district pursuant to Article 18(1)2 of the Natural Parks Act (the Plaintiff alleged that the instant real estate was designated as a park village district pursuant to Article 18(1)3 of the Natural Parks Act in the past, but according to the respective statements in Eul-Na through 8(10) of the Evidence (including a serial number) of Article 18(1)3 of the Natural Parks Act, it can be known that the instant real estate had been designated as a park natural environment district in the past). The use and area of the building register on the instant building is registered as the first floor warehouse of 132 square meters, a second floor of 102.6 square meters of detached houses and a second floor of 29.4 square meters of neighborhood living facilities (hereinafter referred to as the “instant dispute part”).
C. On March 20, 2017, the Plaintiff filed an application with the Defendant for change of the purpose and area of the building register on the instant building pursuant to Article 19 of the Building Act, with the content that ① the use and area of the building register on the instant building is changed from 132 square meters in a single-story warehouse to 102.6 square meters in a single-story warehouse and 29.4 square meters in a neighborhood living facilities, ② the use of the two-story detached house into 102.6 square meters in a single-story house and 29.4 square meters in a two-story residential building, and
Accordingly, on March 22, 2017, pursuant to Article 71(2)1 of the Natural Parks Act and Articles 19(7), 11(6), and 11(5)19 of the Building Act, the Defendant requested the Intervenor’s Intervenor (hereinafter “ Intervenor”) to hold consultation on permission to change the purpose of use. On April 17, 2017, the Intervenor requested the Defendant to hold a 132 square meters in storage of the first floor on the following grounds.