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(영문) 서울동부지방법원 2013.05.07 2012고정3022
건축법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the chairman of the Songpa-gu Seoul Committee for Representatives, and the E and F are the joint representatives of the D9 story.

A person who intends to change the use of a building approved for use shall obtain permission from the head of the Gu or file a report.

Nevertheless, on February 23, 2012, E and F changed the purpose of use of part of 157 square meters of the section for exclusive use other than the section for exclusive use (hallway) in Songpa-gu D9 Seoul, Songpa-gu, Seoul to the head of Songpa-gu, without obtaining permission or filing a report with the head of Songpa-gu, and the Defendant participated in the alteration of use of E and F, the contractor under the Building Act.

2. According to the records of this case, the following facts can be acknowledged. A.

D (hereinafter “instant commercial building”) is an aggregate building consisting of 5,366 divided stores, and the Defendant is the representative of the instant commercial building management body under the Act on the Ownership and Management of Aggregate Buildings.

B. E and F leased the number of stores of the 9th floor of the instant commercial building from the sectional owners of the 9th floor, and reconstructed the part leased from January 2012 to February 2012 as a wedding hall with the consent of the sectional owners of the 9th floor of the instant commercial building. While the reconstruction work, the 157 square meters of the corridor, which is the section for common use, was incorporated into the 157 square meters of the 157th floor as an exclusive wedding hall and operated a wedding hall at that place from February 23, 2012.

C. The management body of the instant commercial building was notified by E and F that it will perform reconstruction works with the permission of the Gu office, and did not take any measures as to the reconstruction works.

C. The head of Songpa-gu Seoul Metropolitan Government notified that he/she will impose KRW 13,203,700 on May 1, 2012, because he/she notified that he/she will impose a charge for compelling compliance on the E/F and the instant commercial building management body, and that he/she will reduce the size of corridor renovation from 157 square meters to 68 square meters on June 1, 2012, as E/F reduces the area of corridor renovation from 157 square meters to 5,718 square meters on the charge for compelling compliance on March 1, 2012.

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