1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the court's explanation concerning this case is as follows: ① each corresponding part of the judgment of the court of first instance shall be used in accordance with paragraph (2) below; ② the annexed "related Acts and subordinate statutes" attached to the judgment of the court of first instance shall be as stated in the reasoning of the judgment of the court of first instance, except for the modification as to the attached form of this judgment in addition to the attached form of the judgment of the court of first instance. Thus, it shall be cited as it is in accordance with

2. Parts 8, 5, 5, and 10, the part “(a) Plaintiff’s assertion”, as described below, shall be written in the following part:

A person shall be appointed.

A. The Plaintiff’s assertion that “a building which is the place of business for animal funeral business shall meet the detailed purpose of the building stipulated in the Enforcement Decree of the Building Act” does not correspond to the requirements for the registration of animal funeral business under the Animal Protection Act, and the Plaintiff obtained a building permit and approval for use for the use of the instant building as animal funeral facilities from the Defendant, and meets the criteria for the facility of animal funeral business under the Animal Protection Act and the Enforcement Rule thereof.

Therefore, the Defendant, despite its duty to accept the Plaintiff’s instant application pursuant to the Animal Protection Act and its Enforcement Rule, issued the instant rejection disposition on the ground that “the instant building is subject to the amendment of the Enforcement Decree of the Building Act (amended by Presidential Decree No. 27832, Feb. 3, 2017; hereinafter the same shall apply), and is in violation of the detailed usage of the buildings stipulated in Article 3-5 [Attachment 1] of the former Enforcement Decree of the Building Act.” Thus, the instant rejection disposition is unlawful.

No. 9 of the Act on the Protection of Animals (amended by Act No. 14651, Mar. 21, 2017; hereinafter “former Animal Protection Act”).

The term “Gu” means “Article 46(2)2 or 46-2 of the Animal Protection Act” from Part 9 to Part 10.