Cases where structures fixed on the land under Article 2 of the Building Act cannot be deemed structures fixed on the land;

In order to do so on the ground set, a water pipe shall not be installed on the ground set up, and a water pipe shall not be lowered, and a simple structure that can be removed easily to the extent that it covers the tent and does not fit it, may not be recognized as a structure fixed on the land as provided in Article 2 of the Building Act.

Article 2 of the Building Act

Defendant

Prosecutor

Busan District Court Decision 79No1708 delivered on October 8, 1979

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In full view of the evidence adopted by the judgment of the first instance court and the statement of the defendant in the court of original instance, the steel framed of this case where the defendant constructed the steel framed of this case is a simple structure that can be easily opened, because it is difficult for the court below to find that it is a simple structure that can not be easily opened by covering the tent of this case with a pipe installed on the ground surface for the purpose of putting the steel framed of this case over a few tent, and it cannot be recognized as a structure fixed to the land as provided in Article 2 of the Building Act, and there is no violation of the law by erroneously interpreting the concept of the building under the Building Act. Therefore, the argument is groundless.

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

Justices Sap-ho (Presiding Justice) Man-ho (Presiding Justice)