The case holding that the owner may seek the implementation of the procedure for the application for approval of use of the building as a civil procedure

Article 22 of the Building Act, Article 248 of the Civil Procedure Act

Plaintiff

Defendant 1 and six others

Seoul High Court Decision 2006Na67734 decided July 11, 2007

All appeals are dismissed. The costs of appeal are assessed against the Defendants.

We examine the grounds of appeal.

In light of the reasoning of the judgment below and the records, the court below is justified in rejecting the defendants' assertion that the plaintiff can not seek the implementation of the application procedure for the approval of use as a civil lawsuit since the plaintiff can obtain the approval of use even without the owner's cooperation. The court below did not err in the misapprehension of legal principles as to the interest in the lawsuit as otherwise alleged in the ground of appeal.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Nung-hwan (Presiding Justice)