1. On July 1, 2019, the Defendant’s disposition of rejecting the report on construction of a temporary building against the Plaintiff shall be revoked.

2...

1. Details of the disposition;

A. The Plaintiff is a promotion committee consisting of a regional housing association on December 18, 2015 to newly construct and supply apartment units on B 1,735.04 square meters in Seoul Special Metropolitan City, Gwanak-gu.

B. On September 2, 2016, C Co., Ltd. (hereinafter referred to as “C”) filed a report on the construction of a temporary building for sample houses (general steel structure, the building area of 590.72 square meters, total floor area of 1,735.04 square meters; hereinafter referred to as “instant temporary building”) with the Defendant on September 2, 2016, which is the planned site for urban planning facilities. The Defendant accepted the report on the construction of a temporary building on September 23, 2016.

C. Around April 2017, the Plaintiff purchased the instant temporary building from C, and reported on May 17, 2017 the extension of the retention period of a temporary building until May 16, 2019. The Defendant accepted it on May 18, 2017.

On April 15, 2019, the Plaintiff reported to the Defendant on April 15, 2019 the extension of the retention period of the instant temporary building, but returned on April 26, 2019, the Plaintiff changed the use of the instant temporary building to “cultural and assembly facilities (Housing Promotion Center)” and reported the construction of a temporary building to the Defendant on May 21, 2019.

On July 1, 2019, the Defendant rendered a disposition to return the report on the construction of the above temporary building on the ground that the Plaintiff did not supplement the supporting documents for inviting union members through open recruitment, such as a report completion certificate under Article 11-3 of the Housing Act, on the ground that “it was not supplemented twice.” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 (including additional numbers), Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the parties’ assertion ① The instant temporary building falls under “a model house for display or others similar thereto” under Article 15(5)4 of the Enforcement Decree of the Building Act, and thus, the instant temporary building is in accordance with Article 20(3) of the Building Act.