1. Revocation of the first instance judgment.

2. Non-permission regarding the application for a building permit filed by the Defendant to the Plaintiff on August 13, 2018.

1. Details of the disposition;

A. On May 10, 2018, the Plaintiff filed an application for a building permit (civil petition C) with the Defendant to newly construct a funeral hall (hereinafter “instant funeral hall”) on the land outside B and three parcels (hereinafter “instant application site”).

B. Article 17(2)1 of the Urban Planning Ordinance of Jeonju City (hereinafter “Ordinance of this case”) (hereinafter “Ordinance of this case”) provides that “The act of developing a funeral hall may not be performed within 200 meters from the boundary within the well-populated area where at least 10 residents reside.” However, in the case of one house separated from the boundary of the well-populated area, one house separated from 50 meters or more is excluded from the calculation of the separation distance.

C. On July 25, 2018, in order to determine whether to grant the building permit of the funeral hall of this case under the provision of the instant Ordinance, the Defendant, as indicated below, refers to the residential area of this case, “the area of Donsan-gu Seoul Special Metropolitan City D (hereinafter referred to as “the area of this case”) adjacent to the application site of this case.

2) On the basis of the number of households in which the move-in report is filed on the resident registration, an examination was conducted as to whether there is a residential congested area. The number of households in which the resident registration is filed is the number of households in which the move-in report is filed. The aggregate of 4 U,V, W, X 7 E AB 9 EA 2 ABD, ABD 10 EA 10 Edong AB 10 AB 110 Edong AB 20, AH 111 EAH 20 Dong AH 10 Dong AH 20, the total of 20

D. On August 13, 2018, the Defendant rendered a disposition of denying the Plaintiff’s application for the above building permit on the following grounds:

(hereinafter “instant disposition”). 1. Whether permission for development activities, which is a legal fiction of construction permission pursuant to Article 11(5) of the Building Act, is not granted.

2. Non-family reasons: Pursuant to the Municipal Ordinance of this case, funeral parlors cannot engage in development activities in an area within 200 meters from the boundary of a residential densely-populated area where at least 10 residents reside. Thus, at least 10 residents are located within 200 meters from the boundary of the site.