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(영문) 서울중앙지방법원 2016.10.21 2016노2163 (1)

주차장법위반

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. Error of mistake and misunderstanding of legal principles 1) Seoul Gwanak-gu Seoul Special Metropolitan City C Housing (hereinafter “instant Housing”).

35.02 square meters (hereinafter “instant parking passage”) which is part of an attached parking lot.

The parking area does not fall under an annexed parking lot under the Parking Lot Act. In addition, the head of the competent Gu revoked the designation of a non-compliant building on March 12, 2014 with respect to a residential building constructed on the instant parking path, which falls under the proviso of Article 19-4(1) of the Parking Lot Act that allows the use of an annexed parking lot for purposes other than parking lots. 2) From the time the Defendant purchased the first floor and parking passage of the instant housing from the former owner G to purchase the instant parking lot, the instant parking path has already been remodeled for residential purposes; there was a civil judgment that held that the instant parking path was an exclusive part other than common areas; and the Defendant paid property tax, etc. on the instant parking passage, the intent of violating the Parking Lot Act shall not

B. The first instance of the unfair sentencing decision (one million won of fine) is too unreasonable.

2. Determination

A. Legal principles and Article 19-4(1) of the Parking Lot Act, which prohibits an annexed parking lot from being used for any purpose other than the parking lot, except in exceptional circumstances provided for in each subparagraph of the same Article. Article 19-4(1)1 and 2 of the same Act provides that where the location of the parking lot is changed inside the facility or within the site thereof, or where the location of the parking lot installed inside the facility is changed to the neighboring site that has been subsequently secured, each of the cases where the head of each Si/Gun/Gu deems that there is no hindrance to the use of the parking lot, and Article 12(1) of the Enforcement Decree of the Parking Lot Act provides that the prohibition of vehicle traffic or the neighboring land utilization