beta
Text
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
The reasoning for the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for dismissal or addition as stated in paragraph (2). Thus, it is accepted by Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. The dismissal or addition part of the judgment of the court of first instance shall be referred to as "which is still pending in the appeal court, even though the appeal was lodged," and shall be referred to as "the judgment of dismissal was pronounced."
The fourth sentence of the first instance judgment is that “before the amendment by Presidential Decree No. 25652, Oct. 14, 2014; hereinafter “former Enforcement Decree of the Building Act”) shall be construed as “before the amendment by Presidential Decree No. 25786, Nov. 28, 2014; hereinafter “former Enforcement Decree of the Building Act”).”
Article 4 "Article 4" shall be added to "Article 1" after the 8th anniversary of the judgment of the first instance.
The following shall be added under the 8th 10th 10th son of the first instance judgment:
The Plaintiff asserts to the effect that “it is unreasonable to view that a building constitutes accommodation facilities on the ground that “the surface of the water is divided into accommodation facilities and their legal concepts.” In addition, Article 2(1)3 of the Building Act provides that “the use of the building refers to the combination of similar structures, purposes of use, and types according to the use of the building.” Article 2(2) of the same Act and Article 3-4 [Attachment Table 1] of the former Enforcement Decree of the Building Act provides the detailed use of each building according to the use and each use. As such, a building that is not specified in [Attachment Table 1] of the former Enforcement Decree of the Building Act shall be classified into uses most similar to the use prescribed in [Attachment Table 1] of the building in consideration of its structure, function, size, type of use, and relevant statutes (see Supreme Court Decision 2010Do1967, Jun. 24, 2010).