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(영문) 서울행정법원 2015.03.19 2014구합5606

용도변경허가취소

Text

1. The Intervenor B’s Intervenor B’s motion to intervene in the council of occupants’ representatives is dismissed;

2. The instant lawsuit is filed.

Reasons

1. Details of the disposition;

A. The Seongbuk-gu Seoul Metropolitan Government D's main apartment is the five underground floors and the fifteenth floor above the ground (hereinafter "the apartment of this case"). The first floor to the fourth floor above the ground, the apartment building from the fifth floor to the 15th floor above the ground (55 households), and the first and second floors above the ground are used as the parking lot.

Plaintiff

E, F, G, H, I, J, K, L, M, etc. are the owners of the instant apartment, and five persons (hereinafter “five lessees of this case”) including Plaintiff N,O, P, Q (Attached No. 9), and R (Attached No. 13) are the lessees of the instant apartment.

The Intervenor A’s Intervenor A (hereinafter “ Intervenor Medical Foundation”) is a sectional owner of the instant apartment, and is operating the S Hospital, which is a medical care institution, on the 2 to 4th floor of the instant apartment.

The Intervenor Intervenor’s Intervenor’s representative council (hereinafter referred to as the “ Intervenor’s representative council”) is an organization consisting of five sectional owners, including the Intervenor’s Medical Foundation.

On the other hand, the council of occupants' representatives of the apartment of this case, which is composed of the entire owners of the apartment of this case, has been established, and the council of occupants' representatives of the apartment of this case has the management rules (hereinafter referred

B. On November 2, 2011, the Intervenor’s representative council of commercial buildings and the council of occupants’ representatives applied for the alteration of the use of 178.01 square meters of the instant apartment first-class parking lot to a hospital resting room, which is a neighborhood living facility. On November 15, 201, the Defendant rendered a disposition to grant permission for alteration of the use to the Intervenor’s representative council of commercial buildings and the council of occupants

(A) On May 14, 2012, the Intervenor’s council of occupants’ representatives filed an application for the change of the use of 214.76 square meters among the first floor parking lots of the instant apartment complex to the commercial common resting room. On May 21, 2012, the Defendant rendered a disposition to grant permission for the change of use as the same as the above application to the Intervenor’s council of occupants’ representatives.

hereinafter referred to as "second disposition".