1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 20, 2005, the Plaintiff purchased B-type apartment factory B (hereinafter “instant aggregate building”) on the first floor in the auction procedure. On October 24, 2013, the Plaintiff concluded a lease agreement on 271.58 square meters among the instant aggregate building No. 105 square meters (hereinafter “instant store”).

B. On November 20, 2013, the Plaintiff reported to the Defendant that the instant store was changed to a Class II neighborhood living facility (general restaurant) pursuant to Article 19(2) of the Building Act, and the Defendant accepted the change and approved the use of the instant store on December 24, 2013 pursuant to Articles 19(5) and 22 of the Building Act.

C. On the other hand, on July 21, 2014, the Defendant: (a) filed with the Plaintiff a written resolution under Articles 19(7) and 11(3) of the Building Act; (b) and Article 6(1) of the former Enforcement Rule of the Building Act (amended by Ordinance of the Ministry of Land, Infrastructure and Transport No. 129, Oct. 15, 2014; hereinafter the same) on the ground that the written resolution under Articles 41(1) and 15(1) of the Act on the Ownership and Management of Aggregate Buildings submitted as required documents was not submitted lawfully (hereinafter “the instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 8, 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Even if the purpose of the store of this case is changed to a Class II neighborhood living facility (general restaurant) in the factory, the change of the purpose of use is irrelevant to the change or management of common areas, and it does not require a resolution of sectional owners, and even if it is different from the above, the plaintiff submitted a legitimate written resolution under Article 41 of the Aggregate Buildings Act when reporting the change of use of the store of this case

(b) relevant legislation;