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(영문) 수원지방법원 2015.11.12 2015구합62416
건축물 용도변경신고 반려처분 등 취소청구의 소
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. The 3rd underground floor and the 4th floor above ground in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “instant building”) are the aggregate building and the 1st through 5th floor below the ground are the exclusive ownership by each floor. Among them, the 1st underground floor and the 2nd floor above the instant building were approved for use by sales facilities.

B. On October 22, 2014, among co-owners 141 of the 141st underground floor of the instant building, 99 persons, including Plaintiffs 1 through 88, 163, and 164 (hereinafter “the Plaintiffs, co-owners of underground 1st floor”), reported to the Defendant on October 22, 2014 the change of the purpose of the building’s use to be changed to Class I neighborhood living facilities (public bath and kitchen), but the Defendant rejected the said report on December 24, 2014 on the ground that the consent of all co-owners of the above 1st underground floor was not obtained.

C. Of the co-owners of the second floor above the ground of the instant building 115, 94 persons, including Plaintiffs 1, 8, 10, 34, 60, 64, 66, 68, 80, 89 through 164 (hereinafter “the Plaintiffs, co-owners of the second floor above the ground”) filed an application with the Defendant on November 14, 2014 for permission to change the use of the second floor above the ground to the first and second class neighborhood living facilities, cultural and assembly facilities (meetings), but the Defendant did not consent by all co-owners of the above second floor above, and the second floor above was rejected on January 12, 2015 on the ground that the use of the second floor above the ground was not a sales facility in violation of the purpose for which the approval for use was obtained, but a building used as a wedding hall.

F.

(b) and (c);

Each disposition in this case shall be deemed to be "each of the dispositions in this case" in total.

(D) As of October 2015, which is close to the date of the closing of argument, the underground floor of the instant building is being used as a bath (Bana), healthcare room, or infant axis classroom, and the second floor above the ground can be used as a conference room or wedding hall with the convention hall form. [In the absence of any dispute over recognition, the evidence Nos. 1, 2, 2, 4, and 5-1, 2, and 6-1 through 99, 7-1, 7-1, 6-1, 7-1, and 9-1, 7-1, 5-1, 2, and 5-1, 6-2, and 9-2.

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