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(영문) 수원지방법원 2017.09.15 2017고단4216

건축법위반등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 8, 2016, the Defendant is a person who manages and operates the above parking lot facilities under the joint name of B and C after obtaining a successful bid for the 7th floor parking lot facilities (3,023.01 square meters) of the D-si Building D in Sungsung-si and completing the registration of transfer of ownership.

1. Any person who intends to alter purposes of a building for which approval for use in violation of the Building Act has been obtained, shall obtain permission from, or report to, the competent authorities;

Nevertheless, from June 2016 to December 2016, the Defendant changed the parking lot of 989.04 square meters to a residential purpose without filing a report with the competent authority, which was approved to use the parking lot of 989.04 square meters for the purpose of a military facility in the 7th floor of the D Special Metropolitan City located in the urban area.

2. A building exclusively used for parking in violation of the Parking Lot Act shall have a ratio of 95 percent or more of the total floor area of the building, but the ratio of the part used as a parking lot shall be at least 70 percent if the part used for purposes other than the parking lot is a detached house, apartment house, Class I neighborhood living facilities, Class II neighborhood living facilities, cultural and assembly facilities, religious facilities, religious facilities, sales facilities, transportation facilities, sports facilities, business facilities, warehouse facilities, or automobile-related facilities;

The total floor area of the above D building, which is an exclusive parking building, is 25,755.08 square meters, and the original parking area is 18,032.62 square meters.

Nevertheless, from June 2016 to December 2016, the Defendant used a 989.04 square meters for residential purpose from the 7th floor parking lot of the instant D building, which is a parking-only building, among the buildings located in the foregoing D building that is a parking-only building, as prescribed in paragraph (1), and used a 1,644.24 square meters in total by piling up materials, etc. on 655.2 square meters and not using the 1,64.24 square meters in a parking lot, which is a parking lot outside the street, in violation of the parking lot usage ratio (70%) under the Parking Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of aggregate buildings (E, D buildings) and the current status map of buildings, and confirmation sources of plans for utilization of the national territory;

1. The current status of buildings in violation, photographs, the location map and field photographs (E, No. 701) of the Act and subordinate statutes;

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