1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

(1) In citing the judgment of the first instance court in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, the reasoning of the judgment of this court shall be added to the following Sheet, See See Professor

See The defendant asserts as follows.

In other words, if the Plaintiff’s application of this case was accepted, the building of this case is to be used as the heading animal crematory facility or animal funeral hall, and the building of graveyard management facility (animal crematory facility) is subject to permission for development under the National Land Planning and Utilization Act. Thus, the standard of review should be applied to the application of this case in order to construct graveyard management facility (animal crematory facility).

In order to register animal funeral business, the plaintiff changed the use of the building of this case to cemetery-related facilities (animal crematory facilities), which are industrial facilities, in a manufacturing business of Class II neighborhood living facilities, for the purpose of registering animal funeral business, and the construction of the building and the alteration of use of the building lawfully constructed is different from that of the building. If the application of this case is accepted, the plaintiff can register animal funeral business.

Therefore, it cannot be said that the standard of review should be applied to the case of constructing cemetery management facilities (animal crematory facilities) in the instant application.

The Defendant’s assertion is subject to permission for development pursuant to the National Land Planning and Utilization Act when it intends to construct animal crematory facilities, and according to the Gap’s evidence No. 2 (Notice of Denial of Permission), the opinion with the City Construction Department B in Namyang-si at the time of the instant disposition is not subject to past development activities, and the site of the instant building is not subject to permission for development activities unless it entails change of form and quality (e.g., sexual cutting more than 50cm).

Therefore, in the application of this case seeking a change of use of existing buildings, the criteria for permission for development activities are examined.