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(영문) 수원지방법원 2015.11.30 2014고정2978
건축법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 20,000,000, and by a fine of KRW 10,000,000, respectively.

Defendant

A.

Reasons

Punishment of the crime

Any person who intends to alter a use or make a large repair of a building shall obtain permission from the head of the relevant Si/Gun/Gu or file a report thereon.

1. Defendant A is an actual owner or contractor of a collective building with a total floor area of 3,852,93 square meters in Suwon-si E (732.18 square meters), three stories above ground (624.15 square meters), four stories above ground (624.15 square meters), five stories above ground (624.15 square meters), and five stories above ground (624.15 square meters) in Suwon-si.

Defendant

A, without obtaining permission from the competent authority on November 26, 2008, after obtaining approval for the use of the above building on November 26, 2008, changed the entire three-story parking facilities (624.15 square meters) on the ground of the above building to the use of the office. On March 2014, A changed the quantity of 140 square meters, which is part of the five-story parking facilities on the ground (624.15 square meters) to the use of the office.

2. Defendant B Co., Ltd. is the owner of a building (Class II neighborhood living facilities, total eight stories, total floor area 1,415.85 square meters) located in the Young-gu, Suwon-si, Suwon-si, and Defendant A is the representative director of the said company. Defendant A obtained a building permit from the Young-gu Office on August 20, 2010 for the said building, and obtained approval for use on January 19, 2012. Defendant A, without obtaining permission from the competent authority on February 2, 2012, without obtaining permission from the competent authority, changed the purpose of use into a general residential facility (studio) by installing a string, water tank, water tank, etc. on each of the three and seven floors of the above public notice board. Defendant B Co., Ltd. entered in the date and time, at the place, Defendant B Co., Ltd., Ltd.’s representative, the date and time, and at the place, changed the purpose of evidence as above.

1. The defendant A's partial statement

1. A criminal investigation report (Attachment to an outline of design);

1. A copy of the aggregate building register, the current building status map (the third floor, the fifth floor), and the outline of design;

1. On-site photographs Defendant A and his defense counsel do not illegally change the use of the whole of 624.15 square meters for three floors, but are the management office, stairs room, and the section for common use of elevators.

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