1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff jointly with B, a joint business proprietor, filed an application with the Mayor of Cheongju-si for approval of a project plan with the content that he/she will build five stories above ground, 24 rooms of guest rooms, and 1,131.93 square meters of a total floor area (hereinafter “instant hotel”). On May 20, 2015, the Cheongju-si Mayor notified the Plaintiff and B of the approval of a project plan with the content that he/she will build one Dong of a small hotel with the size of 1,131.93 square meters, including the Building Act, the Urban Planning Act, the National Land Planning and Utilization Act, the Cultural Heritage Management Act, and the Sanitary Act.

B. On May 26, 2015, the Plaintiff filed an application with the Defendant for a building permit with the same content as the above business plan, but the Defendant, on July 7, 2015, rejected the Plaintiff’s application for a building permit on the ground that “as a result of the deliberation by the Cheong-si Building Committee pursuant to Article 11(4)1 of the Building Act, apartment houses, etc. are concentrated in neighboring areas, and private teaching institutes, etc. are likely to undermine the residential environment and educational environment.”

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 3 (including numbers, hereinafter the same shall apply), Eul evidence Nos. 1 through 4, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is located within the neighboring commercial area within the D Housing Site Development Zone, and is a commercial facility site within the D Housing Site Development Zone in accordance with the district unit planning, and thus, it is an area where the construction of tourist hotel is possible. The instant project site is physically divided due to nearby apartment concentration areas, surrounding roads, and commercial buildings with six or more stories, and the instant hotel is intended to attract Chinese tourists.