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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
Reasons
1. Where the summary of the facts charged is intended to alter the use of a building in a district unit planning zone, the use shall be altered in compliance with such district unit planning;
On November 15, 201, 201, the Defendant changed the purpose of use to a restaurant that cooks and sells foreign food, such as heavy meals, in accordance with the district unit planning (No. 2011-131 notice at the time of the previous week) of the traditional culture zone in the Jeonju-si, Jeonju-si, the Defendant changed the purpose of use from May 4, 201 to November 15, 201.
2. Determination
A. According to the records, the following facts are acknowledged.
① The F of the Jeonsan-gu Seoul Special Metropolitan City F (Road Name Address D; hereinafter “the instant land”) constructed a building with around 1978 purposes (hereinafter “the instant building”). On December 2, 2010, the use was changed to a general restaurant (the investigation record 11,12 pages). (2) On January 5, 201, G was engaged in food entertainment business after reporting a general restaurant business (the daily type of business) with the instant building as its location, and the Defendant succeeded to the status of G on May 18, 2015 (the investigation record 19 pages).
B. Of the Class II neighborhood living facilities under subparagraph 4-2 of attached Table 1 of the Enforcement Decree of the Building Act [Attachment 1] (1) Item 4 (a) of the Enforcement Decree of the Building Act, which was applied at the time of the determination of the instant district unit plan, was “general restaurant, or technical personnel”.
In the current Enforcement Decree of the Building Act [Attachment 1], general restaurants are provided for in subparagraph 4 (i).
A general restaurant (limited to a lot abutting at least eight meters on a road at least eight meters);
3. Non-permission use (non-permission use take precedence over the permitted use);
(b) Class II neighborhood living facilities under the Enforcement Decree of the Building Act [Attachment 1] No. 4-2.