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(영문) 수원지방법원 안산지원 2013.07.23 2013고단1050
건축법위반등
Text

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

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is the owner of the second floor building in Ansan-si Group D, and the representative director of B corporation, the contractor of the building in question. A.

When a district unit planning zone intends to construct a building or alter the purpose of use of a building, it shall do so in compliance with the district unit planning.

Nevertheless, the Defendant did not report to the competent authorities on August 2012, and installed heating and sanitary pipes on the second floor of the above building, installed a school toilet, and extended the floor area of 51.24m2 to a residential space. At the same time, the Defendant constructed three-story buildings in violation of the second-stage district unit planning guidelines in Ansan City.

(b) No project owner shall use or allow to use a building unless he/she completes the construction work and obtains approval for use of the building;

Nevertheless, on November 2012, the Defendant moved into the building without obtaining approval from the competent authorities and used the building.

2. The Defendant Co., Ltd. 1 (A).

A, the representative director of the defendant, at the time and place specified in paragraph (1), does not report the defendant's business to the competent authority.

At the same time, it has constructed three-story buildings in violation of the second stage district unit planning implementation guidelines.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement to E by the police;

1. A written accusation;

1. Business registration certificate;

1. A certified copy of the land register and land use plan;

1. Slateral drawings;

1. Application of the relevant Acts and subordinate statutes on site photographs;

1. Defendant A of the pertinent legal provision on criminal facts: Article 111 Subparag. 1, Article 14(1) of the Building Act (not having filed a report on extension), Article 141 Subparag. 3, Article 54 of the National Land Planning and Utilization Act (not having been constructed in breach of the district unit planning), Article 110 Subparag. 2, and Article 22 of the Building Act.

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