beta
(영문) 광주지방법원 목포지원 2019.07.19 2019고정28

건축법위반

Text

Defendants are innocent.

Reasons

Summary of Facts charged

1. A person who intends to construct Defendant B’s building may report to the head of the Gun, but on August 19, 2016, the Defendant: (a) stored a brick with a brick in the Jeonnam-gun, Chungcheongnam-do; and (b) extended the roof of the light-weight steel-frame without filing a report on a single-story building with a size of 15 square meters, aground.

2. On May 4, 2018, the Defendant reported the head of the Gun to build the Defendant A’s building, but, on the other hand, he stored the wall with bricks in the Jeonnam-gun, Chungcheongnam-do, Seoul, and extended the roof of the light-weight steel frame without filing a report on a single-story building with a size of 15 square meters wide.

Judgment

Article 111 subparag. 1 and Article 20 subparag. 3 of the Building Act provide that "a person who intends to build a temporary structure" shall commence the construction after filing a report and punish such violation. Thus, according to all the evidence submitted by the prosecutor, it is insufficient to deem that the defendants constitute "a person who intends to build a temporary structure" and there is no other evidence to acknowledge it.

(A) According to the records, the part of the extension of the building of this case cannot be deemed to have violated Article 111 and Article 20(3) of the Building Act solely on the ground that the Defendants acquired the ownership of the building in the state where the building was partially removed without reporting, as the part of the extension of the building of this case was partially removed after the extension of the owner D around December 2012, 201 to Defendant B on July 28, 2015 and August 19, 2016, due to each sale, and on May 4, 2018.