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(영문) 서울행정법원 2016.04.01 2015구합12038
기타(특정건축물양성화관련)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

In the instant lawsuit, the Plaintiff sought that the Defendant change the purpose of the existing unauthorized building management ledger of the building B without permission owned by the Plaintiff and Nonparty C (hereinafter “instant building”) under the Eunpyeong-gu Seoul Metropolitan Government Special Measures for the Adjustment of Specific Buildings (hereinafter “Special Measures for the Adjustment of Buildings”), which is jointly owned by the Plaintiff and Nonparty C, from “residential” to “Class II neighborhood living facilities.” However, the so-called lawsuit claiming the administrative agency to perform the duty of commission that orders a certain act is not allowed under the current Administrative Litigation Act. Thus, the instant lawsuit is unlawful.

Therefore, the instant lawsuit is dismissed.

[This case’s lawsuit is lawful, the Act on the Adjustment of Specific Buildings only provides for the basis for issuing a written approval for use under Article 5 of the aforesaid Act to the owner or owner of the building to which the aforesaid Act applies, and it is entirely irrelevant to the alteration of the purpose on the management ledger of the existing unauthorized building, and thus, cannot accept the Plaintiff’s assertion. Furthermore, even if the Plaintiff seeks revocation by deeming that the Plaintiff’s notification of treatment of civil petitions (Evidence A No. 5 as a rejection disposition against the application for the training of the building of this case) is a rejection disposition against the Plaintiff, Article 2(1)1 of the Act on the Adjustment of Specific Buildings provides, “A building which is constructed or repaired without obtaining a building permit or filing a building report pursuant to Article 11 or 14 of the Building Act, and is not approved for use under Article 22 of the Building Act, and Article 2(1)1 of the said Act provides, “A building which is constructed or repaired after obtaining a building permit or filing a building report pursuant to Article 11 or 14 of the said Act.”

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