건축법위반
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: some customers visiting the Defendant’s weekend farm have temporarily parked a car in the warehouse in which the car was off; therefore, it is not changed to the parking lot.
2. Judgment on the grounds for appeal
A. Article 2(2) of the Building Act provides for warehouse facilities under Article 18 and automobile-related facilities under Article 20 with respect to the use of a building, and the detailed use of each of them is prescribed by Presidential Decree. According to delegation, Article 3-5 and attached Table 1 of the Enforcement Decree of the Building Act provide for warehouse, etc. as a building belonging to warehouse facilities under subparagraph 18, and parking lots, etc. as a building belonging to automobile-related facilities under subparagraph 20.
In addition, Article 19 (2) 1 of the Building Act provides that among those who intend to change the use of a building for which approval for use has been obtained pursuant to Article 22, permission shall be obtained in cases where the use of a building belonging to the facility group falling under any of the subparagraphs of paragraph (4) is changed to the upper-tier military (a facility group smaller than the military facility to which the number of each subparagraph of paragraph (4) belongs, the purpose of use of which is to be changed is to be changed). Article 19 (4) of the Building Act provides that a person who intends to change the use of a building for which approval for use has been obtained pursuant to Article 22 shall obtain permission in cases where he/she alters the use of a building falling under any of the subparagraphs of paragraph (4). Article 14 (5) of the Enforcement Decree of the Building Act provides that the detailed use of a building belonging to each facility group shall be prescribed by Presidential Decree, and that of a warehouse facility, such as an industry, as one of
B. The record reveals: (a) the Defendant obtained approval to use the building B on August 22, 2012, 38.4 square meters on the ground B (hereinafter “the instant building”) for a warehouse (a warehouse) as the owner of the building; and (b) the area in which the said building is located is an urban area (a right 14, 15 pages of investigation records); and (c) the area in which the said building is located as an urban area (a preserved green area) and (d) June 15, 2015.