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1. On June 15, 2015, the Defendant’s disposition of rejection of an application for change of use filed against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On August 10, 2011, B obtained permission from the Defendant to construct a reinforced concrete structure with the total floor area of 1,994.51 square meters on the land of Busan-gun, Busan-gun, and the first floor below the reinforced concrete structure with the use as the second class neighborhood living facilities, and the fifth class above the ground.
B. After that, on July 26, 2013, B obtained permission to change the size of the building from the Defendant to the total floor area of 136.88 square meters, and to change the construction of a building on the second floor of the general steel-frame that uses the use as the second class neighborhood living facilities (general restaurants). On October 26, 2013, B obtained permission to change the scope of stairs, etc. of the above building again from the Defendant.
C. B: (a) on April 23, 2014, expanding the total floor area by the Defendant into 1,929.35 square meters; (b) obtained the permission for alteration of construction of reinforced concrete structure with the use of amusement facilities and Class II neighborhood living facilities (general restaurants) and one building with the fifth fifth floor above the ground.
After that, the owner of the building mentioned above was changed from B to the plaintiff, and the defendant accepted the report on the change of the construction participants in the above contents on July 25, 2014.
E. On October 30, 2014, the Defendant sent a public letter to the Plaintiff stating that the Plaintiff is interested in the limitation on the use of amusement facilities and accommodation facilities, and that the Plaintiff is demanding cooperation by recommending to change the use of the said building from the amusement facilities to another purpose.
F. On March 4, 2015, the Plaintiff changed the use of the building to Class II neighborhood living facilities (general restaurants) upon the Defendant’s recommendation, and received a pre-use inspection from the Defendant.
(2) On May 15, 2015, the Plaintiff filed an application with the Defendant for permission to change the use of the said building to a amusement facility or a second class neighborhood living facility (general restaurant) with a size of 3 to 4 stories above the ground, which is part of the instant building, on May 22, 2015. However, the Defendant is inappropriate to change the use of the building considering the surrounding environment, such as a residential and educational environment, on June 15, 2015.