A. On June 26, 2007, an apartment for Han-gu, Seoul (hereinafter “instant apartment”) located in the central 83-ro of Cheongju-si, is subject to a pre-use inspection on June 22, 2013 after obtaining approval for the housing construction project plan on June 26, 2007. The Plaintiff is the council of occupants’ representatives of the instant apartment.

B. The apartment of this case consists of a total of 286 households, and the total area of the common facilities of the residents of this case is 58.87 square meters, and the area of the center for senior citizens is 96.2152 square meters.

In order to change the use of the area of 31.088 square meters, which is a part of the above center for senior citizens, to a tenant assembly, the Plaintiff filed a report on the alteration of the use of the center for senior citizens (hereinafter “the instant report”) with the Defendant on December 24, 2014 with the consent of 259 households among the entire owners of the instant apartment, and the Defendant filed a report on the alteration of the use of a part of the center for senior citizens to

C. On January 6, 2015, the Defendant issued a non-permission disposition to file a report on change of the purpose of use (hereinafter “instant disposition”) on the ground that the instant report does not meet the criteria for total area of common facilities for residents under Article 55-2 of the Regulations on Standards for Housing Construction (hereinafter “Regulations on New Housing Construction Standards”) among changes in the purpose of use under Article 42(2)1 of the Housing Act, Article 47(1) [Attachment 3] of the Enforcement Decree of the Housing Act, and the criteria for reporting incidental facilities and welfare facilities owned by occupants.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 8, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 55-2 of the Regulations on the New Housing Construction Standards (amended by Presidential Decree No. 24621, Jun. 17, 2013), newly established regulations, and the Addenda to the said Regulations (Presidential Decree No. 24621, Jun. 17, 2013).