beta
(영문) 제주지방법원 2013.05.24 2012고단1357

건축법위반

Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant does not obtain permission from the competent Mayor for substantial repair without permission;

A. On January 2010, 2010, Da 1, Don-si (Investigation Records 95 pages) is a residential area (Investigation Records 95 pages). Of the “urban area” under Article 36(1)1 of the National Land Planning and Utilization Act.

Subject to subparagraph (b) “resident area”, a boundary wall shall be installed in one household among three households of multi-family houses of 4 stories on the ground with a total floor area of 315.8 square meters located in the relevant area (the same Do as the Jeju-si in paragraph 1(b)), and shall be made up of 4 households by floor on each floor of 2 and 3 stories, and shall be made up of 2 households of 4 stories on the ground in the same manner;

B. On January 2010, 2010, in Jeju Island, a police officer installed a boundary wall on one household among three households by the second floor of multi-family house of the fourth floor and the third floor, the area of which is 315.8 square meters in the area of the land located in E, and made it into four households by the floor, and made two households with the fourth floor above the ground as four households.

2. The defendant does not report the extension of a report.

(a) 1-A;

25.57m2, a temporary building on the fourth floor of the above multi-family house at the time and place stated in the port, shall be extended to 25.57m2;

(b) subparagraph 1-b;

At the time and place of entry in the port, 25.57 square meters of the light steel-frame building, which is a temporary building, was extended to the fourth floor of the above multi-family house.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Each testimony of witness F and G;

1. Statement of witness H in the third protocol of trial;

1. Confirmation of land use plan, each real estate sales contract, and summary of confirmation and explanatory note of the object of brokerage;

1. The Defendant and his defense counsel sold each of the instant buildings to I and J around November 2009 and December 2, 2009, before completion of each multi-family house on criminal facts (hereinafter “instant building”). Around that time, the Defendant transferred the name of the owner of the building to I and J, and C around February 2010 after completion of the building, the Defendant and his defense counsel conducted large-scale repair and unauthorized extension construction at the request of I and J.