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(영문) 부산지방법원 2017.08.11 2017구합20973
사업계획승인불가처분취소
Text

1. On February 22, 2017, the Defendant rendered a provisional disposition on the approval of a tourist accommodation business plan for the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 30, 2016, the Plaintiff filed an application with the Defendant for approval of a business plan for a tourist business with the content of running a tourist accommodation business in the instant real estate pursuant to the Tourism Promotion Act and the Enforcement Rule as follows, as the owner of the land and the building listed in the attached Table 1 list (hereinafter “instant land” or “instant building,” and in the case of a common name “instant real estate”).

(hereinafter referred to as the “instant application”). The business location of the project outlines: The details of the facility of the Hosel in Busan-gun, and 5 lots: 2,698.00 square meters (2,69.15 square meters): - Building area: 842.765 square meters (254.94 square meters) - Total floor area: 3,637.405 square meters (1,100.32 square meters) - The number of buildings: A Dong - The first floor, the third floor above ground - B - the change of use - B - the first floor below ground - the change of use - the fourth floor above ground - the change of use - the fourth floor above ground - the number of guest rooms - the incidental facilities - the business period from December 1, 2016 to May 30, 2017:

However, on February 22, 2017, the Defendant issued a provisional disposition on the approval of a project plan for the following reasons to the Plaintiff (hereinafter “instant disposition”).

In short, Article 13(1)1 of the Enforcement Decree of the Tourism Promotion Act does not comply with the provision of Article 13(1)1 of the Enforcement Decree of the same Act: The area where the main application which is a Class-II general residential area is required to create a convenient residential life centered on a house in accordance with the urban planning, and this is the area where the residential and educational environment should be considered first. As such, the criteria for the items of Article 13(1)3 of the Enforcement Decree of the Tourism Promotion Act do not conform to the provision of Article 13(1)3 of the same Decree, which is not appropriate, should be recognized as a special exception so that tourist accommodation can be established in a general residential area, and this has the legislative purpose to protect the maximum residential environment, rather than satisfying the minimum requirements under the relevant Act and subordinate statutes

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