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(영문) 서울행정법원 2015.12.03 2015구합62194
원상회복거부처분취소등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are all the plaintiffs, including the costs incurred by the supplementary participation.

Reasons

1. Case history

A. The J apartment building located in Seongdong-gu Seoul Metropolitan Government I (hereinafter “instant building”) is a collective building of the 18th and the fourth underground floor subject to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

The instant building consists of apartment buildings, 1 and 2 floors from 3 to 18 floors on the ground, commercial buildings, 1 underground floors, and commercial buildings and parking lots from 2 to 4 floors underground.

B. Plaintiff A is the co-owner of the commercial building part of the instant building (hereinafter “instant commercial building section”). Plaintiff B had the sectional owner of the instant commercial building, and Plaintiff B had the Plaintiff’s shopping mall (hereinafter “Plaintiff’s shopping mall”). The Intervenor’s Intervenor’s Intervenor (hereinafter “ Intervenor”) is an organization consisting of the occupants of the instant commercial building part. The apartment part of the instant apartment building part among the instant building (hereinafter “instant apartment part”; and the sectional owner of the instant apartment part is the sectional owner of the instant apartment building.

C. On October 23, 2014, the council of occupants’ representatives consisting of the representatives of the instant apartment section by Dong (hereinafter referred to as the “council of occupants’ representatives”) filed an application for correction to the effect that the part indicated as “the first floor” by the underground parking lot of the instant apartment section on the aggregate building ledger does not coincide with the actual status and the current status drawings of the instant building, and thus, the Defendant filed an application for correction to the effect that it is “third/4 floors”. On October 27, 2014, the Defendant indicated the indication of the collective building building registry of the instant apartment section by the section for common use on each floor after the alteration to the division, and corrected the difference between the three/4 underground parking lots of the first floor and the underground parking lot by the ground level after the alteration to the division.

(hereinafter “instant primary correction of indication”). D.

Plaintiff

On February 6, 2015, the shopping mall shall apply to the defendant for the correction of the first indication of this case.

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