The defendant's appeal is dismissed.

1. The warehouse in the custody of the agricultural machinery of this case, which is installed by the defendant, shall not be deemed a building because it is merely an agricultural vinyl house;

In addition, the Defendant’s act of installing a warehouse in the custody of agricultural equipment falls under the act of installing a 10 square meters or less for the purpose of installing a chilling room or farming equipment storage room, heating machinery room, cooling room, etc. to maintain new guidance for agricultural products, etc., which is determined as an act that may be conducted without permission or reporting under Article 12 and attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Areas subject to Development Restriction (Article 1 of the above attached Table 1), or the act of installing a temporary facility of not more than 30 square meters for the purpose of installing a chilling room or farming equipment storage room, heating machinery room, air conditioning room, and air conditioning facility to maintain new guidance for agricultural products (Article 1 of the above attached Table 1) or the act of installing a cromatic drying equipment or a cream equipment

However, the court below judged that the warehouse in the custody of the above agricultural organization was a building requiring permission or reporting, and found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment.

2. Determination

(a) Article 2 (Definition) (1) of the Building Act of the relevant Acts and subordinate statutes shall be defined as follows:

2. The term "building" means a structure fixed on land, with a roof and columns or walls and facilities appurtenant thereto; an office, a performance hall, a shop, a garage, a warehouse installed in an underground or elevated structure; or others prescribed by Presidential Decree;

(1) Article 12 (Restrictions on Acts in Development Restriction Zones) (1) of the Act on Special Measures for the Designation and Management of Development Restriction Zones (hereinafter referred to as the "Act on Special Measures for the Designation and Management of Development Restriction Zones") (1) shall apply to buildings and alteration of their use, installation of structures, alteration of the form and quality of land, deforestation of bamboo and trees, partition of land, piling-up of goods, or Article 2 (11) of the National Land Planning and Utilization Act.