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(영문) 서울고등법원 2019.06.26 2019누35475
용도변경허가 신청 반려 취소 청구의 소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. The reasons why the court should explain this part of the disposition are the same as the above part, except for the modification of the pertinent part of the “1. Circumstances of dispositions” stated in 2-3 of the judgment of the court of first instance. Thus, this part of the pertinent part is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. 2. The grounds why the court’s argument by the plaintiffs is identical to the part of the “2....... Plaintiffs’ assertion” stated in 3 of the judgment of the court of first instance. Thus, this part of the grounds why the court should explain this part are the same as that of the part of the “2....... Plaintiffs’ assertion” stated in 3 of the judgment of the court of first instance. Thus, this part

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. We examine the grounds for the first disposition.

1) Article 19 of the Building Act provides that a person who intends to alter the purpose of a building shall obtain permission or file a report (Paragraph 2), and Article 79 of the Building Act shall apply mutatis mutandis to alteration of the purpose of use of a building (Paragraph 7). Article 79 of the Building Act provides that if a site or a building violates an order or disposition under the Building Act, a permitting authority may revoke permission or approval under the Building Act, order the owner, contractor, field manager, manager, manager, or occupant of the building to suspend construction, or to remove, rebuild, extend, repair, alter, change the purpose of use, prohibit, or restrict the use of the building, or take other necessary measures (Paragraph 1), and request the owner, contractor, and owner, manager, manager, or occupant of the building not to comply with the corrective order under paragraph (1) to prevent any business or other act from being performed (Paragraph 2), and the person so requested shall comply with the request, except in extenuating circumstances (Paragraph 3). 2) No. 18, Feb. 18, 2005>

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