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(영문) 수원지방법원 2014.09.25 2014고정2065

건축법위반

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

B, C is a co-owner of the 5-story above the total floor area of 515.1m2 in Suwon-gu, Suwon-si in an urban area, and is a marital relationship.

The Defendant is the actual owner who constructed the said “E-Housing”.

1. Even if a building is subject to permission for unauthorized extension, an extension of which total floor area does not exceed 85 square meters shall be reported to the competent authority in advance;

Nevertheless, the Defendant, without filing a report on February 201, extended the house to 33.88 square meters on the first floor of the said “E Housing” on the cement brick.

2. Where a person intends to change the use of a building, the use of which has been approved for the change of the use of which is approved without permission, he/she shall report it to the competent authority;

Nevertheless, the Defendant, without reporting around February 201, used the second floor above the “E Housing” ground, which was approved for the second-class neighborhood living facilities (office), for the purpose of housing by changing it into three households.

3. A person who intends to construct or repair a building in violation of substantial repair shall obtain permission.

Nevertheless, on February 2011, the Defendant, without permission, extended the 3th above ground from 2 households to 3 households, the 4th above ground from 2 households to 3 households, and the 5th above ground from 1 household to 2 households.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A written statement;

1. A written accusation;

1. A building register, multi-household sales contract, and a certified real estate register;

1. Application of Acts and subordinate statutes governing violating buildings site photographs;

1. Article 11 subparag. 1 and Article 14(1)1 of the former Building Act (Amended by Act No. 12701, May 28, 2014); Articles 108(1) and 19(2)2 of the Building Act; Articles 108(1) and 11(1) of the Building Act; Articles 108(1) and 11(1) of the Building Act; the choice of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.