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(영문) 인천지방법원 2018.04.24 2018고정461
건축법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the owner of three identical petroleum gas storage and treatment facilities (e.g., liquefied petroleum gas filling facilities) located in Bupyeong-gu Incheon Metropolitan City. On January 18, 2012, A obtained a building permit from the head of Bupyeong-gu Office to file three lawsuits for filling petroleum gas with respect to the total amount of motion petroleum gas filling, and completed the construction of the liquefied petroleum gas filling lawsuit on June 19, 2015 and completed the construction on September 22, 2017.

In order to modify any matter for which a building permit was issued, the Defendant obtained permission from the head of the competent Gu before changing the matter, but without obtaining permission for change from the head of Bupyeong-gu Office, from June 19, 2015 to September 22, 2017, the Defendant constructed a lawsuit for filling liquefied petroleum gas at the seat of Bupyeong-gu Incheon Metropolitan City, and constructed the said liquefied petroleum gas at the seat of Bupyeong-gu Incheon Metropolitan City, by converting the building area of 200 square meters and the general steel frame-3-story building with the total floor area of 600 square meters into the building area of 205.25 square meters and the building area of 405.28 square meters, and constructed a charge for converting the building area of 80 square meters into the building area of 151.25 square meters.

Accordingly, the defendant changed the structure, total floor area, and building area of the above liquefied petroleum gas filling station without obtaining permission from the head of the competent Gu.

Summary of Evidence

1. Written accusation by the head of Bupyeong-gu Office;

1. All on-site photographs;

1. Each building permit and application form [the defendant and his defense counsel are the concept that assumes that there exists an existing building, and the defendant newly constructed the same building from the beginning one with a total floor area of 405.28 square meters. The defendant asserts to the effect that the construction work of this case does not constitute remodeling and construction work of this case does not exceed 85 square meters in total floor area under Article 12 (1) 1 of the Enforcement Decree of the Building Act.

In comparison with Article 16 (2) of the Building Act, the permission to change the matters to be reported is premised on the fact that the permission to change the matters to be reported can be reported at the time of application for use approval.

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