1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff is a person holding 401 units among multi-household houses with the fourth floor above Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as “multi-household houses in this case”).

The 401 part of the multi-household house of this case is constructed only on a part of the floor area that forms the four floors of the multi-household house of this case, and the remaining four floors were open without outer walls or roof.

Therefore, the Plaintiff had extended 401 multi-household houses in this case and had a building on 7.35 square meters of the open portion as above, but did not obtain approval for the use of the extended portion (hereinafter “instant extended portion”) due to the failure to obtain a building report or permission under the Building Act in the process.

On April 23, 2014, the Plaintiff filed an application with the Defendant for approval for the use of the extended part of the instant case pursuant to Article 4 of the Act on Special Measures for the Readjustment of Specific Buildings (amended by Act No. 12649, May 21, 2014; hereinafter “former Act”).

On May 16, 2014, the Defendant sent to the Plaintiff a notice that the application for approval of use was “conditional consent”.

(However, the plaintiff did not receive the above notice. On July 2, 2014, the defendant sent the plaintiff's mother's answer to the plaintiff's above application for approval of use.

The plaintiff is deemed to be able to train the plaintiff's multi-household in case of applying for the training of a specific building in Vietnam, which is a common area, and the objection of interested parties is raised by filing a civil petition. In accordance with the Act on Ownership and Management of Condominium Buildings, it is deemed that it is possible to train the plaintiff's multi-household in case of applying for the training of a specific building by clarifying the consent of all sectional owners and the shares of sectional owners pursuant to the Act on Ownership and Management of Condominium.