1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From December 2015, the Plaintiff was operating a dance institute, which is a private teaching institute for school curriculum (hereinafter “instant private teaching institute”), in the building located in Daegu-gu B (hereinafter “instant building”) located in the building located in the Daegu-gu (hereinafter “instant building”).

B. On December 23, 2015, the head of the office of education in Daegu Metropolitan City, which was delegated by the superintendent of education representing the Defendant (hereinafter “head of education”) accepted the registration of the instant private teaching institute in accordance with the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons (hereinafter “Private Teaching Institutes Act”).

C. On August 28, 2017, the head of the district office of education revoked ex officio the registration of the instant private teaching institute on the ground that the instant 5th floor of the instant building, which is a harmful business establishment within a horizontal distance of 6 meters, constitutes a cause for which the establishment and operation of a private teaching institute cannot be established and operated.

Article 5 (Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons) (2) Any person who establishes and operates a private teaching institute for school curriculum or any teaching instructor shall not establish and operate a private teaching institute for school curriculum or a teaching school in the same building where a place of business that may cause harm to the educational environment (hereinafter referred to as "place of business") is located.

(5) Paragraphs (2) and (3) shall not apply to a building with a total floor area of at least 1,650 square meters, except in the following cases:

2. Where a private teaching institute is located on the right upper floor or the right upper floor within a horizontal distance of six meters from a place of noxious business.

D. The Plaintiff filed an administrative appeal against the head of a district office of education seeking the revocation of the above revocation disposition, but was dismissed on January 16, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The public official in charge who received an application for the registration of the Plaintiff’s assertion and examined whether there is a harmful business establishment in the building of this case, can properly see the fact that there is a singing room in the upper floor.