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(영문) 서울고등법원 2017.09.19 2017누40619

용도변경신고수리취소처분취소 등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Details of the disposition;

A. The Plaintiffs own the part of exclusive ownership of Eunpyeong-gu Seoul Metropolitan Building (number address is "Seoul Eunpyeong-gu," hereinafter referred to as the "the instant aggregate building"), which is an aggregate building, as follows. The joint Plaintiffs C, D, E, and F of the first instance trial owned or entrusted the ownership of the following parts among the eight and nine floors of the instant aggregate building:

(hereinafter the following sections for exclusive use are referred to as “each of the instant sections for exclusive use.” Meanwhile, the total number of parking spaces attached to the instant aggregate building was originally 96, and the purpose of each of the instant sections for exclusive use was “educational research facilities (private teaching institutes).”

Plaintiff

Ownership No. 804 of the 805 B of the 806th floor owned No. 806 of the 8th floor and owned No. 807 of the 8th floor, D and E owned No. 808 of the 8th floor and owned No. 809 of the 8th floor No. 809 and No. 905 of the F No. 810 of the 8th floor and July 26, 2016.

B. On December 18, 2015, the Plaintiffs and the first instance trial co-Plaintiff C, D, E, and F (hereinafter “Plaintiffs and sectional owners”) reported to the Defendant on the change of the purpose of each of the instant sections of exclusive ownership into “Class II neighborhood living facilities (general restaurants)” (hereinafter “report on the change of purpose of use”).

The instant report of change of the purpose of use included the content that the total number of parking lots attached to the instant condominiums would be changed to 100 according to the said change of use.

On December 31, 2015, the Defendant notified the Plaintiffs and sectional owners that each of the instant sections for exclusive use in the instant case changed the use thereof to “Class II neighborhood living facilities (general restaurants)” and issued a certificate of completion of report on change of use.

(hereinafter “Acceptance of the instant report of change of use”). C.