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(영문) 인천지방법원 2017.11.10 2016구합54859
건축물용도변경불허가처분취소 청구의 소
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 10, 2013, the Plaintiff purchased, from a non-corporate body established for religious activities, etc., the 1st underground floor and the 6th floor above the ground located in Jung-gu Incheon Metropolitan City from a land trust company in Korea on December 10, 2013, the 6th floor (hereinafter “instant building”), and completed the registration of ownership transfer on December 11, 2013.

B. On November 6, 2015, the Plaintiff filed with the Defendant an application for permission to change the use of a building with the following contents (hereinafter “instant previous application”). However, on November 27, 2015, the Defendant rendered a non-permission on the ground that “In accepting the Plaintiff’s application for permission to change the use of a building, community conflicts are realized and such conflicts are likely to continue, and thus, it is contrary to the “Promotion of the Public Reinstatement” stipulated in Article 1 of the Building Act and is likely to adversely affect the surrounding environment”

(hereinafter “instant previous disposition”). Application for change of the purpose of applying for change of the existing use for the classification of floors of two floors 2,548.37 changed use No. 2,548.37, is also deemed to be an applicant for use as incidental facilities to the religious facilities of the religious organization to which the Plaintiff belongs.

Class 1 neighborhood living facilities of the second class neighborhood living facilities-general living facilities of the second class general business facilities of the second class, the use of which is changed, the second class neighborhood living facilities of the second class general business facilities of the second class, the use of which is changed, the second class neighborhood living facilities of the second class general business facilities of the second class, 415.37, the second class neighborhood living facilities of the second class general business facilities of the second class, the second class neighborhood living facilities of the second class, the use of which is changed, the second class neighborhood living facilities of the second class, the second class neighborhood living facilities of the second class, the second class, the second class general business facilities of the second class, the second class, the business facilities of golf practice, the business facilities of the second class, and other general business facilities of the third class, the third class neighborhood living facilities of the third class, the third class, the fourth class neighborhood living

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