The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. Prior to the amendment by Act No. 12115, Dec. 24, 2013, the former Housing Act

(a) The same shall apply;

With respect to the assertion in the grounds of appeal that it does not constitute a violation of Article 42 (2) Item 1

A. Article 42(2)1 of the former Housing Act provides that “Where occupants, users, or management entities of multi-family housing intend to use multi-family housing for purposes other than those specified in a project plan, they shall obtain permission from the head of a Si/Gun/Gu or report thereon in accordance with the standards, procedures, etc. prescribed by Presidential Decree.”

According to delegation, the former Enforcement Decree of the Housing Act was wholly amended by Presidential Decree No. 27444, Aug. 11, 2016.

(a) The same shall apply;

Article 46(1) of the Housing Act provides that “The matters concerning the management of collective housing prescribed in Chapter V of the Housing Act and in this Chapter shall apply to collective housing constructed after obtaining approval of a project plan under Article 16 of the Housing Act (including incidental facilities and welfare facilities; hereafter the same shall apply in this Article and Article 47).” Article 46(4) provides that “Notwithstanding paragraph (1), only the following matters shall apply to a building which constructs a facility other than a house and a house as the same building after obtaining a construction permission under Article 11 of the Building Act, and only the following matters shall apply to the building of the same building.” Article 47(1) of the former Enforcement Decree of the Housing Act provides that only “the matters concerning the permission for the alteration of use of appurtenant facilities and welfare facilities jointly owned by occupants under Article 47(1) and attached Table 3 shall be limited to the matters concerning the permission for the alteration of use of a residential sports facility, landscaping facility, road and facility in a housing complex with the consent of at least two thirds of all occupants, within the scope of one half of the total area of a parking lot under Article 16.