beta
(영문) 의정부지방법원 고양지원 2014.02.19 2013고정1941

건축법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company producing earth and sand and liquor in Yongsan-gu, Busan Metropolitan City, and Defendant B is a person who actually operates the Defendant Company.

[Defendant B]

1. A person who intends to build a temporary building for the purposes prescribed by Presidential Decree, such as a disaster restoration, entertainment, exhibition, construction work, etc. of a non-reported temporary building shall commence construction works after reporting it to the competent authority in accordance with the retention period, standards and procedures prescribed by Presidential Decree;

Nevertheless, the defendant, without reporting to the competent authorities on June 2012, constructed 6 containers, which are temporary buildings for construction work, in order to use the construction site offices, building materials in storing construction materials in the land located in Yongsan-gu, Yongsan-gu, Busan, Seoyang-si.

2. When a project owner who intends to change an unauthorized building permit, he/she shall obtain permission from the competent permitting authority before such change is made;

Nevertheless, on October 2012, the Defendant newly constructed approximately 45 square meters of the board roof, which connects the warehouse, other than four warehouses for which a building permit was granted in the above D land, without obtaining permission from the competent authorities.

3. A building owner who uses an unapproved building shall be prohibited from using or allowing to use the building unless he/she has obtained approval for use from the competent authority;

Nevertheless, the Defendant, without obtaining approval from the competent authorities, leased 4 stores, etc. newly constructed on the above D land as a logistics warehouse to CJ-type Co., Ltd. on February 2013, and let CJ-type Co., Ltd use the said 4 stores, etc.

[Defendant A Co., Ltd.] The representative of the Defendant Co., Ltd. committed the act of violation as set forth in paragraphs 1 through 3 above with respect to the business of the Defendant Co.

Summary of Evidence

1. Defendant B’s legal statement

1. A written accusation;

1. Each photograph;

1. Copy of the corporate registration: