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(영문) 서울행정법원 2018.06.08 2017구합89636
건축물표시변경신청 반려처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 11, 2015, the Plaintiff: (a) changed the use of the first underground parking lot of the building located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant building”) owned by the Plaintiff to Class I neighborhood living facilities (retailing stores); (b) installed a parking zone on the first floor parking lot on the ground; and extended it; and (c) filed an application for a building permit for substantial repair to reinforce structures after demolishing a part of the bearing wall on the first floor; and (d) on September 2, 2015, the Defendant permitted the Plaintiff to construct (large-scale repair/large-scale alteration, etc.) with the following content.

B

B. On September 9, 2015, the Plaintiff submitted a commencement report to the Defendant and commenced construction.

On September 30, 2015, the Plaintiff removed the parking lot of the first floor and the first floor above the ground of the instant building on September 30, 2015, and changed the first floor parking lot into a neighborhood living facility on December 30, 2015.

On October 20, 2016, the Plaintiff obtained a design change permit from the Defendant to change the Class I neighborhood living facilities (retail stores) of the first floor below the instant building into Class II neighborhood living facilities (Simplified swimming pool).

C. On May 12, 2017, the Plaintiff filed an application for alteration of the indication of the building on the building ledger on the ground that the use of the first floor parking lot of the instant building was completed with the permission for alteration of use to a neighborhood living facility.

On May 31, 2017, the Defendant’s change of the use of an attached parking lot on the first floor of the instant building is possible if it is deemed that the head of a Si/Gun/Gu does not interfere with the use of a parking lot because it changes the location of a parking lot inside the facility or within the site of the facility pursuant to Article 19-4(1)1 of the Parking Lot Act. However, the change of the use of the relevant attached parking lot can be used after obtaining the completion of construction and approval for the use of the attached parking lot, including the permission to install a parking lot (

The ground of the instant building that applied for a change in building indication.

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