The meaning of "use according to the business plan" under Article 38 (2) 1 of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992).

Before March 15, 1991, the term “use according to the business plan” under Article 38 (2) 1 of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992) refers to the use according to the re-classified of welfare facilities into kindergartens or Saemaul baby centers, children’s playground facilities, medical facilities, public bath, sports facilities, senior citizens’ accommodation facilities, sales facilities, living facilities, etc. under Articles 22 through 34 of the former Rules on Standards for Housing Construction (Ordinance of the Ministry of Construction) and Articles 46 through 55 of the same Regulations on Standards for Housing Construction (Presidential Decree No. 13,252 of Jan. 15, 1991).

Article 38(2)1 of the former Housing Construction Promotion Act (amended by Act No. 4530 of Dec. 8, 1992)

[Plaintiff-Appellant] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff

Attorney Kim Jong-won, Counsel for the defendant-appellant

Seoul High Court Decision 91Gu17650 delivered on June 15, 1993

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

(1) In applying for permission for beauty art business in this case, the court below acknowledged that the whole building with 107 m2 and 107 m2 under the ground and 440.5 m2 under the building management ledger is the main purpose of the building, and the 432 m2 m2 and 432 m2 in the 1st floor, and that the above 1st floor and 432 m2 is the elderly person's room and management room. In light of the above 1st floor, the court below held that the above 1st floor and 2nd 3th m2 of the Enforcement Decree of the Building Act (wholly amended by Presidential Decree No. 13655 of May 30, 192), among the 1st m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m2nd m3 of the building.

(2) However, it is not allowed to use apartment houses, their incidental facilities and welfare facilities for purposes other than those according to the business plan unless it is permitted by the Minister of Construction and Transportation pursuant to Article 38 (2) 1 of the Housing Construction Promotion Act (amended by Act No. 4530, Dec. 8, 192; hereinafter the same shall apply). Here, the term “use according to the business plan” means the use of the above 1st and 3th and above 1st and above 4th and above 1st and above 2th and above 3th and above 1st and below the 1st and above 3th and below the 1st and above 4th and below the 1st and above 1st and above 4th of the 1st and above 1st of the 1st and above 3th of the 1st of the 1st of the 1st of the 1st of the 192th of the 1st of the 2nd of the 198th of the 1st of the 198th of the 196th of the 1st of the 2th of the 19.

(3) Therefore, the lower judgment is reversed and the case is remanded to the lower court. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Song Man-man (Presiding Justice)