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1. The part of the judgment of the first instance against the plaintiff shall be revoked.
2. A building that the Defendant had against the Plaintiff on April 5, 2017.
Reasons
1. Each description of evidence 1, 2, 4, and 5 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings, as the grounds for the disposition;
A. C Co., Ltd.: (a) on February 21, 2002, incorporated funeral business, funeral expenses, wholesale and retail business, rental business, etc. as a corporation, and changed its trade name to the Plaintiff on November 14, 2013.
B. On December 28, 2016, the Plaintiff purchased D, 9,623 square meters, its ground reinforced concrete structure, and one other than the two-story cultural and assembly facilities on the two-story roof (hereinafter “instant building”) and completed the registration of ownership transfer under the Plaintiff’s name on February 20, 2017.
A summary by floor (existing) of the instant building is divided into an outline of the instant building, and the size of the area to be used as the area for the construction of a multi-story for each floor (changes) on the instant application form (hereinafter “instant application”), shall be as follows: (a) cultural and assembly facilities and assembly facilities for 12 square meters; (b) funeral facilities for 615.04.041 alteration of use in funeral halls - Funeral facilities for 615.04 No. 1346, Jun. 6, 1347; (c) cultural and assembly facilities for 347.26.26, 847.26.26, 1,763.121
C. On February 20, 2017, in order to operate a funeral hall, the Plaintiff filed an application with the Defendant for permission to change the use of the instant building as follows:
(hereinafter “instant application”). Notice of non-permission to change the use of a building (Evidence A 1)
(1) Violation of public interest following the change of the use of a funeral hall. ① Violation of public interest following the change of the use of a funeral hall is adjacent to a large-scale development project, such as E development projects and F development projects, causing serious adverse effects, such as the promotion of projects and the damage of urban landscape and urban image. ② Violation of the residential environment in neighboring areas and housing site-populated areas, and the educational environment of elementary schools and high schools. ③ Violation of the national road.