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(영문) 수원지방법원 평택지원 2016.05.26 2016고단131

건축법위반등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of multi-family house called Gyeonggi-si B.

1. A person who intends to construct or repair a building in an urban area in violation of the Building Act and the National Land Planning and Utilization Act shall obtain permission from the Special Self-Governing City Mayor, a branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu, and where he/she intends to construct, alter the purpose of use of, or install a

On July 18, 2012, the Defendant obtained a building permit on the following grounds: (a) around July 18, 2012, the Defendant constructed a total of three households, including a total of 301.04 square meters of “B” multi-family house located in a district unit planning zone; (b) one-story household (2 households); and (c) two-story multi-households (1 households) on the ground; and (d) obtained approval for the use on March 5, 2013.

Nevertheless, the Defendant voluntarily extended the construction of a site for detached houses to 12 households (one story 6 households and six households with the second floor) in the first floor and second floor of the said “B,” without obtaining permission from the competent administrative agency from November 201, 2013 to February 2014, in the district unit plan, even though the construction size of a site for detached houses is not more than three households and not more than 4 households in the district unit plan (a determination and announcement made around June 10, 2013 to not more than 6 households with the second floor) on October 7, 2005.

2. A person who intends to construct or install a building or any other facility that creates demand for parking in a district unit planning zone in violation of the Parking Lot Act shall install a parking lot inside such facility or on the site thereof;

Nevertheless, the Defendant, from November 2013 to February 2014, extended the total of 2 households and 3 households with the first floor and the second floor of the apartment house “B” to 12 households in Do joint, by installing a boundary wall and a entrance, etc., and did not install a parking lot inside the facility or on the site thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. The general building ledger;

1. A certificate of land use plan;