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(영문) 서울행정법원 2015.06.11 2014구합69204
공사중지명령 취소청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. C is located in a sales facility of reinforced concrete structure (hereinafter “D shopping mall”) built on the ground of 1st basement and 3th floor above the ground (hereinafter “D shopping mall”) in Jung-gu Seoul Special Metropolitan City and a sales facility of reinforced concrete structure built on the ground of 3,002 square meters above the ground (hereinafter “E shopping mall”) connected with an underground floor and a sales facility of reinforced concrete structure built on the third floor above the ground.

(hereinafter “instant commercial building”).

B. Plaintiff A Co., Ltd. (hereinafter “A”) is a company established by the sectional owners of the instant commercial building on July 9, 1979 for the management of the commercial building. Plaintiff New Redline Construction Co., Ltd. is the contractor who was reported as of December 31, 2013 on the extension and large-scale repair of the instant commercial building, and Plaintiff B is the architect in charge of the design and supervision of the instant commercial building extension and large-scale repair work.

C. On February 7, 2012, under the name of F and 353, a sectional owner of the instant commercial building, A filed an application with the Defendant for permission of extension and substantial repair of the sales facilities (market and management office) of three stories on the D commercial rooftop of the instant commercial building; extension of the sales facilities of two stories (market and management office) 2,512.5§³ on the E commercial rooftop (hereinafter “instant extension”); extension of the sales facilities of two stories (market and management office); and extension of the sales facilities of the first floor to three stories from the first floor to the third floor of the existing building (hereinafter “instant substantial repair”); and the Defendant filed an application for permission of substantial repair on March 8, 2012 to repair the stairs room from the first floor to the third floor as special escape stairs. The instant extension was amended by Act No. 1155, Dec. 18, 2012; hereinafter “former Condominium Act”).

Article 15(1) main sentence of Article 15(1) applies to the change of common areas, and the application for permission for extension was filed with the consent of at least 4/5 of both sectional owners and voting rights, and the application for permission for large-scale repair was also permitted.

Among them, "Permission for Extension" (hereinafter referred to as "Permission for Extension of this case").

D. A. This case’s commercial building.

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