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(영문) 인천지방법원 2016.08.10 2016노638
건축법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) Defendant filed a false report on May 3, 2012 with the head of Kimpo-si (the department in charge of culture and arts) on construction of a temporary building with a total floor area of 160 square meters, so long as he/she filed a report on construction of a temporary building, it is a rebrupted area under the Cultural Heritage Protection Act, regardless of whether he/she

shall not be deemed to exist.

In addition, on August 21, 2012, the Defendant reported a temporary building with a total floor area of 20 square meters as stated in the facts charged to the F Do Governor on August 21, 2012, but the F Do Governor did not have the authority to accept such a report under the relevant laws and regulations since the Defendant did not have the authority to receive such a report. Accordingly, even in this regard, the Defendant filed a false report.

shall not be deemed to exist.

2) The facilities subject to a report on farmland diversion under Article 35(1) of the Farmland Act are limited to those installed for the purpose of permanent use on farmland, and do not fall under a temporary building a farmland warehouse installed by the defendant (the defendant alleged that the above agricultural warehouse was not subject to permission for temporary use on farmland for other purposes as stipulated in Article 36(1) of the Agricultural and Fishing Villages Act, but it is irrelevant to the facts charged in the instant case where farmland was diverted without filing a report, and thus, it is not judged separately).

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, Article 20(2) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter the same) provides that “any person who intends to construct a temporary building for a certain purpose shall commence construction after reporting to the head of a Special Self-Governing Province branch office or head of a Si/Gun/Gu in accordance with the retention period, installation standards and procedures prescribed by Presidential Decree.”

Article 82 (3) of the former Building Act.

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