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(영문) 수원지방법원 안산지원 2017.11.22 2017고단2671

주차장법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A parking lot shall not be used for any purpose other than a parking lot, and a person responsible for the management of an attached parking lot shall maintain the original function of the attached parking lot so that the owner of the facility or the user of the attached parking lot may not interfere with the use of the attached parking lot.

On October 30, 2014, the Defendant purchased a building for residential facilities and multi-family houses (total floor area of 494.55 square meters) located in Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, 228.8 square meters and its ground steel reinforced concrete tanks, and completed the registration of the transfer of ownership on January 15, 2015.

At the time, the Defendant was aware of the fact that the Defendant was used for the purpose of the commercial establishment, such as the maintenance facility, on three pages of the attached parking lot (in indoor 2 pages, approximately 48 square meters in outdoor 1 pages) installed on the first floor of the above building, and the office of real estate intermediaries.

Nevertheless, the Defendant, without knowledge of such circumstances, leased the part of 77.34 square meters, including the 3 pages of parking lots attached to the 1st floor of the above building, from February 1, 2015 to January 31, 2019, to D with the name of “C” in order to operate a business, such as the maintenance of Otoba, without having knowledge of such circumstances, and leased it to D with the name of “C”, with the amount of KRW 50 million from February 1, 2015 to January 31, 2019, and caused D to use the 2 pages of parking lots attached to the indoor parking lot for the purpose of business, such as the maintenance of Otoba, and with the volume of the 1st parking lot attached to the outdoor parking lot.

Accordingly, from February 1, 2015 to April 6, 2017, the Defendant used an indoor parking lot for purposes other than a parking lot and did not maintain the original function of an outdoor parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Each investigation report (F real estate G telephone conversations, opticaljin-gu telephone conversations);

1. Current status of illegal parking lots, current status of violations, general building ledgers, corrective guidance on parking lots annexed to buildings, and urge the correction of violations of the Parking Lot Act annexed to buildings;