1. On December 4, 2017, the Defendant’s disposition to revoke the application to change the use of the building against the Plaintiff.

2...

1. Details of the disposition;

A. On October 27, 2017, the Plaintiff filed an application with the Defendant for permission to change the purpose of use of the general steel structure of the third floor above the ground-based general steel structure (hereinafter “instant land”) from “Class I neighborhood living facilities (retail stores)” (hereinafter “instant facility”).

B. At the time of the first permission for development activities on the instant land, the Defendant imposed a condition prohibiting the alteration of use pursuant to Article 57(2) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) on the ground that the Defendant engaged in development activities without undergoing deliberation by the Urban Planning Committee under Article 59 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

Accordingly, the Defendant followed the deliberation procedure of the Urban Planning Committee pursuant to Article 59 of the National Land Planning and Utilization Act with respect to the instant application, and the Yongsan-si Urban Planning Committee held on November 30, 2017 (hereinafter “instant Urban Planning Committee”) decided to reject the instant application by the Plaintiff.

C. In accordance with the deliberation by the instant urban planning committee, on December 4, 2017, the Defendant notified the Plaintiff of the rejection of the instant application for the following reasons (hereinafter “instant disposition”).

▣ 반려사유 - 국토계획법 제59조, 국토계획법 시행령 제57조 제1항 및 용인시 도시계획조례 제27조 규정에 의거, 용인시 도시계획심의위원회 심의대상으로[2017. 11. 30.(목): 제22회 도시계획(2분과)위원회] 심의결과(동물화장장 입지로는 부적합함) 부결되어 건축법 제19조 규정에 의한 용도변경허가 불가함. [인정근거] 다툼 없는 사실, 갑 제1, 3, 4호증, 을 제9호증의 각 기재, 변론 전체의 취지

2. The plaintiff's motion of this case is asserted.