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(영문) 수원지방법원 2017.12.05 2017구합64126
건축물 용도변경 불허가 처분 취소 청구의 소
Text

1. The motion for intervention by the Intervenor joining the Defendant is dismissed.

2. The plaintiff's claim is dismissed.

3. The costs of the lawsuit.

Reasons

1. Details of the disposition;

A. C Co., Ltd.: (a) on February 21, 2002, incorporated funeral business, funeral expenses, wholesale and retail business, and lending business for business purposes; (b) changed its trade name to the Plaintiff on November 14, 2013.

B. On December 28, 2016, the Plaintiff purchased D D, 9,623 square meters, its ground reinforced concrete structure, and one other than two-story cultural and assembly facilities of the two-story roof (hereinafter “instant building”) and completed the registration of ownership transfer in its own name on February 20, 2017.

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”).

A summary by floor (existing) of the instant building is divided into a summary by floor of the instant building, and the notification of non-permission to change the purpose of use of the building (Evidence No. 1) at the 1,763.121,763.1, 763.1 on the application form of the instant building, for the purpose of use of funeral facilities for the use of 615.041 square meters in cultural and assembly facilities - funeral facilities 615.04, a funeral hall for the use of 615.04, a funeral hall for the use of 347.6.6 and 347.26.26.26, 847.26.26, a meeting hall for cultural and assembly facilities - general restaurants

(1) Public interest violation following the change of the use of a funeral hall. ① The site to be 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 the project and the damage of urban images, etc. ② The impairment of the residential environment of neighboring areas and housing site concentration areas, and the educational environment of elementary schools and high schools. ③ The likelihood of serious traffic congestion, traffic congestion, traffic increase, risk in the upper and lower portion of the funeral hall, habitual body, etc. ④ The seriousness of social conflicts, such as the submission of proposals for the establishment of a group civil petition and opposition to neighboring residents, due to mental pain following the construction of a funeral hall, emotional influence of students, and impairment to the urban landscape.

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