건축법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
1. The summary of the facts charged is the owner of the second floor house located in Jung-gu Incheon Metropolitan City (hereinafter “instant house”). The Defendant did not file a report with the competent authority along with the Defendant’s wife D, the owner of the said house, and extended the above house without permission from June 10, 2012 to August 10, 2012. Although the Defendant reported the underground floor of the said house to be a warehouse use, he installed three partitions with the partitions installed on the underground floor of 85.44 square meters, and changed the use of the said house for residential purpose.
2. Summary of grounds for appeal;
A. The Defendant did not change the use of the underground floor, and did not know that the extension of the rooftop was subject to reporting.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
3. Determination
(a) Article 19(2) of the Building Act provides that the use of a building belonging to a facility group under any subparagraph of paragraph (4) of the same Article shall be changed to the upper group, subject to permission, and that where the use is changed to the lower group, subject to reporting, and Article 19(4) of the same Act provides that the facility group shall be classified into a group of motor vehicle-related facility, industry, etc., telecommunications facility group, cultural and assembly facility group, business facility group, education and welfare facility group, neighborhood living facility group, housing business group, and other facility group;
(2) It is not a case where the Defendant’s change of the warehouse, which is an accessory facility to the instant house, to the room does not constitute a change in the use among facility groups under Article 19(2) of the Building Act.
(3) Therefore, although this part of the facts charged falls under a case where the crime is not committed, the court below found the defendant guilty, and therefore, this part of the defendant's assertion is with merit.
B. Unauthorized extension is merely a matter of law that the defendant had never known that the extension of this case was subject to reporting, and it is only a matter of law.