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1. The defendant's appeal is dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is borne by the Defendant.
Reasons
1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) other than additional determination as to the argument in the trial of the defendant and the intervenor, the reasoning of the judgment of the first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant and the intervenor asserts as follows:
1) The instant disposition ought to be determined on matters concerning multi-family housing as a matter of multi-family housing complex, and the legality of the disposition pursuant to the Housing Act, which is a special law. However, the alteration of use requested by the Intervenor satisfies the requirements for the consent of the owners stipulated in the Housing Act. 2) Even if the Housing Act is not applicable, the instant site is already formed in a sectionally owned co-ownership relationship, and the permission for the alteration of use requested by the Intervenor does not require the consent of the sectional owners of commercial buildings.
3) In addition, even though the legality of the change of use of the site in this case should be determined by the provisions of the Civil Act because a sectionally owned co-ownership relationship is not formed, the change of use constitutes an act of managing jointly owned property, and the act of managing jointly owned property is possible with the consent of the majority of co-owners (Article 264 of the Civil Act). Thus, the acceptance of change of use applied with the consent of the majority of the site in this case is lawful. (B) The judgment of this court is as follows. (1) The parking lot in this case where the change of use becomes issue is registered as a matter of the site in this case as part of the site in this case, which is jointly owned by the sectional owners of the apartment in this case and the sectional owners of the commercial building in this case who are not multi-family housing