주택법위반
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that the part leased by the Defendant is MDF room for commercial buildings, so the subject who allows the Defendant to use the MDF room is not subject to the Housing Act, and the Defendant is a commercial building management body, and the Defendant is excluded from the subject of punishment. The Defendant only leased the above part and used it as an office, and there was no separate change of use
2. Determination
A. The summary of the facts charged is that the Defendant, as the C representative director, runs real estate rental business.
Where a user of multi-family housing violates a housing law or a housing-related order or disposition under the Housing Act, the Minister of Oceans and Fisheries or the head of a local government may order him/her to suspend construction works, reinstate the original state or take other necessary measures.
On March 1, 2013, the Defendant entered into a lease agreement with the competent authority to lease the MDF room (Annexed facilities, 17.11mm2) of the common use area of the 1st floor of the building in Busan, Busan, Daegu Maritime Transport Daegu (hereinafter “D”) for one year, without obtaining permission from the competent authority or filing a report, and used it as the C Office (State) office.
Accordingly, on June 26, 2013, the head of the Maritime Affairs and Daegu Office, the competent authority, ordered the defendant to restore the leased area to the original state by July 16, 2013, since the part leased by the defendant is an act of using multi-family housing for purposes other than those under the business plan.
Nevertheless, the defendant did not comply with the above order.
B. The lower court’s judgment: (a) Even in cases where a house law was amended by Act No. 8383 on April 20, 2007, and a house, other than a house, is constructed as the same building in order to systematically manage multi-family housing in the form of a multi-family building, the construction of a non-family housing facility and a house, other than a house, shall be applied by expanding the management regulations of multi-family housing under the Housing Act; and (b) in cases where a non-family housing facility and a house are built as the same building upon obtaining a building permit under Article 11 of the Building Act, it shall