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(영문) 부산지방법원 동부지원 2016.04.04 2015고정1465
건축법위반등
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 31, 2012, the Defendant was approved to use the first floor as neighborhood living facilities, and the second and third floors as household units, respectively, for the foregoing building located in an urban area and a Class-I district unit planning zone as a person who owned the said building by not later than February 25, 2013, after building a multi-household detached house building of the C detached house at the time of Kim Jong-nam, Kim Jong-do, and completing registration for the preservation of ownership, and until February 25, 2013.

After that, on January 2013, the Defendant had raised rent profits by illegally expanding the room of the above building to a patrolman.

1. Violation of the Building Act;

(a) Any person who violates the Building Act due to a change of use, shall report to the competent authorities on the change of use of a building approved for use as the group of neighboring living facilities;

Nevertheless, on January 2013, the Defendant changed the use of the first floor of the above building to three households, which was approved to be used as a group of neighborhood living facilities as above, without reporting to the Seocho-do Mayor on January 2013.

(b) Any person who violates the Building Act due to substantial repair and extension shall obtain permission from the competent authority when he/she intends to extend or substantially repair a building;

Nevertheless, on January 2013, the Defendant, without obtaining the permission from the head of the Seocho-si, Kim Jong-si, 2013, installed a boundary wall in the living room, etc. of the second and third floor of the building in question, which was approved for the use as above, and made a large-scale repair by separately installing the kitchen, toilets, and external entrances, thereby extending the two households of each of the second and third floor of the building (each floor of 108.4 square meters) into five households. The Defendant laid down a space within a slope of a roof of 65 square meters of the fourth floor of the building in question into two households of multi-household.

2. The Defendant violated the Parking Lot Act by extending, repairing in large scale, and altering the purpose of use of, the above building (four parking lots), which is a 4-household housing, to 15 households at the same time and place as stated in paragraph (1), and by the parking lot annexed to the above building.

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