1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for the judgment of the court of first instance regarding this case is that “The plaintiff submitted to the defendant, on January 16, 2015, an application for approval of use for 101 and 102 pursuant to Article 4 of the Act on Special Measures for the Readjustment of Specific Buildings (hereinafter “Special Building Readjustment Act”), which read “the plaintiff, before December 16, 2014, filed a report on a specific building as to 101 and 102 to the defendant pursuant to Article 4 of the Act on Special Measures for the Readjustment of Specific Buildings (hereinafter “Special Building Readjustment Act”),” which reads as “the plaintiff, before December 16, 2014, filed a report on a specific building as to 101 and 102.”

2.(c)

4) Inasmuch as the reasoning of the judgment of the first instance is stated in the same manner as the reasoning of the judgment of the first instance other than using the same as follows, the Defendant asserts that, pursuant to Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, “the part to be used” shall be cited as it is. According to Article 6(1)1-2(b) of the Enforcement Rule of the Building Act, in the case of a multi-household house which is a multi-family housing, only the sectional owner who has ownership of the site can obtain approval for use under Article 5 of the Act on the Adjustment of Specific Buildings, on the ground that, in the case of a multi-family housing, a multi-family housing that is an apartment

However, the defendant's above assertion cannot be accepted in light of the following points.

(1) The Act on the Adjustment of Specific Buildings is a temporary law enacted to ensure that specific buildings meeting certain standards can be legally approved for use.

Therefore, the head of a Si/Gun/Gu, etc. shall issue a letter of approval to the owner, etc. if the building subject to reporting within the period of implementation of the Act constitutes a specific building subject to Article 3 of the Act, and meets the standards under Article 5

② The Plaintiff does not apply for a building permit or approval for use of multi-family housing under the Building Act.