용도변경행위신고수리처분취소
1. The Defendant’s change of the use of the area of 47.17 square meters in the ground parking lot for commercial buildings located in Gangseo-gu Seoul Metropolitan Government.
1. Details of the disposition;
A. The Plaintiff shares 103 shares with the wife D and 1/2 shares in a commercial building located in Gangseo-gu Seoul Metropolitan Government C Apartment (hereinafter “instant apartment”) (hereinafter “instant commercial building”).
The Intervenor joining the Defendant (hereinafter referred to as the “Supplementary Intervenor”) is a representative meeting consisting of 919 households (630 households in parcelling-out housing, 289 households in rental housing) and 14 apartment buildings in the instant case.
B. (1) On February 5, 2008, the instant apartment and the instant shopping mall were completed on the 36,273m2 (hereinafter “instant site”) of Gangseo-gu Seoul Metropolitan Government.
(2) On February 29, 2008, with respect to each of the instant apartment buildings, the instant site was the land which is the object of the site ownership, and the site ownership registration was completed by having the ownership share of each of the instant site as the site ownership.
(3) The commercial building of this case is owned by E.S. Corporation, separate from the apartment building of this case, the building of this case was sold to the general public, and each sectional building of this case was divided into land subject to the site ownership, and each ownership share of the site of this case was registered as the site ownership.
Accordingly, in the case of a store owned by the plaintiff, the registration of the right to a site has been completed on the share of 40.021/36,273.3 of the site in this case.
(4) Meanwhile, the apartment building of this case and the commercial building of this case were newly constructed as a separate building on the site of this case, are separated from structure and appearance, and their function and usage are entirely different.
C. (1) The vicinity of the instant commercial building is divided from the instant apartment parking lot, such as the indication of the attached drawing, and eight vehicle parking lots are installed (hereinafter “instant parking lot”).
(2) Article 42(2) of the Housing Act (amended by Act No. 12115, Dec. 24, 2013; hereinafter the same) and Article 47(1) [Attachment 3] of the Enforcement Decree of the said Act (amended by Presidential Decree No. 25273, Mar. 24, 2014; hereinafter the same shall apply).