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(영문) 수원지방법원 안양지원 2013.07.17 2013고단539

건축법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, as an owner of a building with a total floor area of 361.62 square meters and a third-story above ground located in Osan-si, constructed the above building, and subsequently, on August 3, 2012, the Defendant obtained approval from the competent authority for the use of a multi-family house with three households, including one-story, one-story, two-story, one-story, and three-story, for the primary purpose.

1. On December 2, 2012, the Defendant violated the Building Act: (a) the first floor multi-family house on the ground of the said building was remodeled into two houses with two households; and (b) the third floor multi-family house with six households, respectively, by newly installing the entrance entrance and inner walls at the said place.

The Defendant, without obtaining permission from the competent authority, repaired the multi-family house on the 14th, 2, and 3rd and upper floors into a house where 14 households can reside.

2. A person who intends to build a building in an urban area violating the Parking Lot Act shall establish an annexed parking lot;

Since the Defendant additionally constructed 11 households in the above building at the same time and place as Paragraph (1), at least 5 parking spaces installed in the previous building should be installed in addition to the number of parking spaces, the attached parking lot was not additionally established.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on accusation, building ledger, site photographs;

1. Relevant Article 108 (1) of the Building Act, Articles 108 (1) and 11 (1) of the Building Act (unauthorized substantial repair), Articles 29 (1) 1 and 19 (1) of the Parking Lot Act, and selection of fines for each crime;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.