Whether construction of a building with a total floor area of not more than 200 square meters is permitted within a natural green area in an urban planning zone (affirmative)

Even if the total floor area of a building is not more than 200 square meters within a natural green area of an urban planning zone, such construction is subject to permission.

Article 5 (1) of the Building Act

Defendant

Defendant

Attorney Jeong Ma-chul

Seoul Criminal Court Decision 90No478 delivered on April 11, 1990

The appeal is dismissed.

Defendant’s defense counsel’s grounds of appeal

According to the provisions of Article 5 (1) of the Building Act, if a building is constructed or repaired on a large scale within an urban planning zone, industrial zone, village zone designated by the Act on the Utilization and Management of the National Territory, and a zone determined by the Presidential Decree, the building shall be permitted by the head of a Si/Gun in advance regardless of the size of the building. According to the case where a building is constructed on a building with a total floor area of not less than 200 square meters or three floors or more in a zone other than the above zone, the land on which the defendant constructed each of the buildings of this case is located in a natural green area in the urban planning zone. Thus, the building of this case is permitted even if

In the above purport, the judgment of the court below on the construction of the building in this case by the defendant without permission in violation of Article 5 (1) of the Building Act is just and there is no error of law as to the application of the law like the theory of lawsuit.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)