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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. The Defendant is a merchants’ association comprised of the sectional owners or occupants (the right to properly occupy the section for exclusive use from the sectional owners) of the section for exclusive use in the building in Seongbuk-gu, Sungwon-si (hereinafter “instant commercial building”). The Plaintiff is the Defendant’s member as the tenant who leased and used the instant store from E, the owner of the first floor D of the instant commercial building (hereinafter “instant store”).
B. After obtaining approval for use on June 3, 1994, the commercial building of this case was sold for each type of business, such as purchase facilities, living facilities, and medical facilities. Article 78 of the management rules of the commercial building of this case enacted on August 25, 1995 prohibited “the act of installing service facilities other than sales facilities (the act of altering the purpose of use)” and “the act of installing facilities such as waterworks, sewerage, gas, etc. on sales facilities”.
Article 13(4)1 of the Management Rules of the Commercial Building amended on November 24, 2006 (hereinafter “Revised Management Rules”) prohibits, in principle, “the act of installing waterworks and sewerage systems and gas facilities to install service facilities that do not meet the purpose of the first, second, and third floor” (see, e.g., Article 13(4)1). Under the proviso, “the act of installing waterworks and sewerage systems and gas facilities to satisfy the purpose of the first, third floor” (see, e.g., Supreme Court Decision 200Da1488, Aug. 24, 2005).”
C. Article 2 subparagraph 2 of the former Regulations on Standards, etc. of Housing Construction (amended by Presidential Decree No. 14462 of Dec. 30, 1994) provides that "purchase facilities" shall be sold for food miscellaneous articles, phrases, books, sports equipment, other necessities of life, and goods deemed necessary for the convenience of residents' living.