건축법위반
All appeals by the Defendants and the Prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant
A. On March 31, 2010, the Defendant: (a) concluded a lease agreement with the upper and the upper and the second floor C (or the upper and the third floor) to rebuild the building of this case; (b) the third floor was to be used by the Defendant; and (c) according to the above lease agreement, “a lessee shall undertake reconstruction without a lessor’s interference; and (d) a lessee shall design and construct the building in compliance with the following requirements.” (e.g., the upper and the upper floor) began construction of the building of this case without consultation with the Defendant pursuant to the above provision.
Therefore, there was no conspiracy between the defendant and the upper party to illegally construct or repair a building recorded in the facts constituting the crime as stated in the lower judgment (hereinafter “instant building”).
② The Defendant D stated that “P would first commence the removal of a building that is not in relation with the building permit,” and that P would have been damaged to the outside while removing the building of this case, although it did not think of the removal of the outer wall of the building of this case.
Therefore, even if there is a fact that the defendant consented to the removal of the building of this case, it is about the interior of the building that changes the external form of the building, and a person who intends to construct or repair a building on a large scale under the Building Act shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the Si
Provided, That in cases of constructing buildings with at least 21 floors and other buildings the use and size of which are prescribed by Presidential Decree in the Special Metropolitan City or Metropolitan Cities, permission therefor shall be obtained from the Special Metropolitan City Mayor
"Large-scale repair" in Article 2 (1) 9 of the Building Act means the structure or external form of columns, beams, bearing walls, main stairs of a building.