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(영문) 대전고등법원(청주) 2015.12.16 2015누10552
공동주택행위신고 신청 불허가처분취소
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part is as follows: “The instant report was filed from No. 2, No. 15 of the reasoning of the judgment of the court of first instance (hereinafter “this case’s report”) to the effect that “In the event of changing the purpose of use in accordance with the content of the instant report, the instant report was rejected on the ground that it does not meet the standards for total area of common facilities for residents prescribed in Article 5-2(1) of the Regulations on Standards, etc. of Housing Construction (hereinafter “New Housing Construction Standards Regulations”), but the instant disposition was revoked on June 12, 2015; on the other hand, when changing the purpose of use in accordance with the instant report, it does not meet the standards for total area of common facilities for residents prescribed in Article 5-2(1) of the Regulations on Standards for New Housing Construction (hereinafter “Ground for Disposition”), and thus, the instant apartment center falling under the common facilities for residents failed to have multi-purpose rooms, and thus, it again stated “No. 1, 2010” and “No. 1, 201.

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Article 55-2(1) of the Regulations on New Housing Construction Standards, which set the standards for the total area of common facilities for residents, was partially amended by Presidential Decree No. 24621 on June 17, 2013, and the newly established provisions cannot be applied to the report on the alteration of the use of the instant apartment that had already been approved prior to the enforcement date. Therefore, the ground for first disposition is unlawful. 2) Even if the multi-purpose office of the instant apartment center is changed to the council of occupants’ representatives, it is still available to the apartment center of this case for multi-purpose use.

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