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(영문) 서울행정법원 2014.12.05 2014구단53653
건축이행강제금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 17, 2012, the Plaintiff purchased the part of 957.455 square meters out of the underground floors of the 5th and underground floors of the 7555th apartment building of the 5th and underground floors of the 755th apartment building in Gangnam-gu, Seoul. On January 17, 2012, the Plaintiff included the section for common use in the vicinity of the said 4 exclusive ownership store (No. 2-1, 20.55 square meters, No. 20.585 square meters, No. 2-255 square meters, No. 2-3, 2-3, No. 392.29 square meters, No. 2-4, 358.505 square meters) owned by the said council of occupants’ representatives in the subject matter

At the time of new construction, the above 4 sections of exclusive ownership had the electrical machinery room, and the above section of exclusive ownership had various pipes connecting the electrical machinery room with the outside.

On August 25, 2010, the above council of occupants' representatives changed the use of the said four exclusive-use shop into Class I and Class II neighborhood living facilities (sports training hall, retail store, and physical fitness room) and removed all of the pipes installed in the said common-use tunnel, and thereafter the said common-use tunnel was in an empty state.

B. On June 20, 2013, the Plaintiff leased the store Nos. 2-1, 2-3, and 2-4 of the subject matter of the sale to the KNFC, as well as the remaining common part 9 cubic meters of the subject matter of the sale, for about five years, the 65 cubic meters of the same common ditch.

In relation to the store and the south common ditch on October 25, 2013, 2013, 2-1, and 2-4, 2013, i.e., the status of the tenant, and i., the 2-3 store and the same common ditch succeeded to the status of the tenant. In operating the sports center in the 2-3 store, i.e., the 2-3 store and the same common ditch, i.e., the 2-3 store, i., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the e. the e. the e. the e. the e. the e. the e. the e.

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