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(영문) 창원지방법원 2015.09.02 2015고정786

건축법위반등

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Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. The Defendants in violation of the Building Act and the National Land Planning and Utilization Act (hereinafter referred to as the “Building”) were used for a detached house and a neighborhood living facility with a 144.05 square meters general restaurant of the first floor, 12.96 square meters in a stairs room, 165.45 square meters in a multi-household house (two households), 165.78 square meters in a three-story multi-story house (two households), and 165.78 square meters in a three-story multi-story house (two households), and the said area is limited to the number of households per site in the case of a multi-family housing site according to the district unit plan for a housing site development project.

A person who intends to construct or repair a building shall obtain permission from a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and shall comply with a district unit plan in order to construct a building, alter its use, or

Nevertheless, around July 2014, the Defendants extended the two-story into five households without obtaining permission from the Kimhae City Mayor, and the three-story to three households, and constructed a building that does not comply with the D Housing Site Development Project Plan at the same time.

As a result, the Defendants conspired to make a large-scale repair of a building without obtaining permission from the Kimhae market, and at the same time constructed a building not consistent with the district unit plan.

2. A person who intends to build or install a building, a golf practice range or other facility which creates demand for parking in an urban area provided for in the National Land Planning and Utilization Act on the violation of the Parking Lot Act shall establish an annexed parking lot inside such facility or on the site thereof, and in the case of Kim Sea, a multi-household house shall establish an annexed parking lot which can accommodate at least one unit per household;

Nevertheless, the Defendants conspired to extend the 4-family housing to 8-family housing in collusion, at the date and place stated in paragraph (1) and at the same time, and the corresponding attached parking lot is corresponding thereto.