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Reasons
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(영문) 서울행정법원 2017.02.16 2016구합72372
용도변경신고수리취소처분취소 등
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs hold or trust ownership of the part of exclusive ownership of Eunpyeong-gu Seoul Metropolitan Building (Sae-gu referred to as the “Seoul Eunpyeong-gu H”; hereinafter referred to as the “instant condominium”) that is an aggregate building as follows:

(hereinafter the following sections for exclusive use are referred to as “each of the instant sections for exclusive use.” Meanwhile, the total number of parking spaces attached to the instant aggregate building was originally 96, and the purpose of each of the instant sections for exclusive use was “educational research facilities (private teaching institutes).”

Plaintiff

Ownership No. 804 of the 805 B of the 806th floor owned No. 806 of the 8th floor and owned No. 807 of the 8th floor, D and E owned No. 808 of the 8th floor and owned No. 809 of the 8th floor No. 809 and No. 905 of the F No. 810 of the 8th floor and July 26, 2016.

B. On December 18, 2015, the Plaintiffs reported to the Defendant on December 19, 2015, pursuant to Article 19(2) of the Building Act, that each of the instant sections of exclusive ownership should be changed into “Class II neighborhood living facilities (general restaurants)” (hereinafter “the instant report on change of use”).

The instant report of change of the purpose of use included the content that the total number of parking lots attached to the instant condominiums would be changed to 100 according to the said change of use.

On December 31, 2015, the Defendant notified the Plaintiffs that each of the instant sections for exclusive use should be modified into “Class II neighborhood living facilities (general restaurants)” and a report completion certificate for change of use should be issued.

(hereinafter “Acceptance of the instant report of change of use”). (c)

The Plaintiffs, on February 18, 2016, shall each of the instant sections for exclusive use, the use of which has been modified pursuant to Articles 19(5) and 22 of the former Building Act (amended by Act No. 13785, Jan. 19, 2016; hereinafter “former Building Act”).

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