주택법위반
The defendant's appeal is dismissed.
1. The Defendant asserts that the reasoning of the appeal is erroneous in the misapprehension of legal principles in the judgment of the court below which found the Defendant guilty on the ground that the containers installed in the Seongdong-gu Seoul Metropolitan City C apartment complex (hereinafter “the instant containers”) were owned by the reconstruction promotion committee, not the co-owned facilities, and do not constitute living welfare facilities as facilities for reconstruction promotion. Even if they are living welfare facilities, the instant containers are not co-owned by the occupants. Thus, the instant containers are not subject to permission because they are not within the location, scale, and usage scope of the approval
2. The prosecutor brought a public prosecution against the defendant at a rate under Article 98 subparagraph 6 of the Housing Act and Article 42 (2) of the Housing Act. The contents of the relevant Act and subordinate statutes are as follows.
A person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding 1,000 won:
6. A person who violates Article 42 (2) and (3) (excluding a person who has performed an act subject to reporting without reporting such act from among acts falling under any subparagraph of Article 42 (2)) (1) of the Housing Act (1) The management entity shall manage the collective housing (including incidental facilities and welfare facilities; hereafter the same shall apply in this Article) in accordance with this Act or any order issued under this Act;
(2) Where occupants, users or management entities of multi-family housing intend to perform any of the following acts, they shall obtain permission from the head of a Si/Gun/Gu or report thereon in accordance with the standards, procedures, etc. prescribed by Presidential Decree concerning the area, number of households, ratio of consent of occupants, etc.
(hereinafter omitted)
2. New construction, expansion, remodeling, substantial repair, or remodelling of multi-family housing: Article 2 of the Housing Act;
9. The term "welfare facilities" means the following common facilities for the well-being of occupants, etc. in a housing complex: