1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

The reasoning of this court's judgment admitting the judgment of the court of first instance is "Article 3-3."

C. The reasoning of the first instance judgment is as follows, except for the part of the judgment (from four to three pages) as set forth in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Judgment

Facts of recognition

On May 30, 2001, Hyundai Construction Co., Ltd. (hereinafter “Modern Construction”) filed an application with the Defendant for approval of use as the owner of the Yangcheon-gu Seoul Building C (hereinafter “instant building”). The application is accompanied by a detailed statement on the exclusive use area and common use area by the number of units of sectional ownership buildings.

The main contents of the above application are as follows:

The building of this case intended to be established by the Commission is divided into business facilities (offices) and sales neighborhood living and cultural assembly facilities, and the section for exclusive use is 672 buildings with 40 stories above the 6th underground floor of steel-framed reinforced concrete structure, 101,346.72 square meters below the total floor area.

The 78.31 m2) underground is classified into the following: (a) the 6th underground floor is the machinery room, the electricity room, the parking lot, the 2-5th underground floor (5,798.31m2); (b) the sales and business facilities; (c) the 1st floor is the sales and business facilities; (d) the 4th floor is the business facilities; (e) the neighborhood living facilities, cultural and assembly facilities; (e) the 6-22, and the 24-39 floors are the business facilities (offices); (e) the 23th floor is the business facilities (offices); (e) the machinery room, the middle reservoir, the 1st floor mechanical room (excluding the total floor area); and (e) the 13th floor for passenger elevators and the emergency elevator 2 prices.

The building of this case is composed of several types, the main purpose and the floor of which are the section for exclusive use. The section for common use consists of corridors, coaches, cooperation rooms, machine rooms, electricity rooms, underground parking lots, toilets, etc., and the area of each unit of the section for common use is divided by each unit, and the unit area of the section for exclusive use and the area of the section for common use are written by the sum of the area of the section for exclusive use

Each section for exclusive use by main purpose.