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(영문) 창원지방법원 2013.07.03 2013고정648
건축법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On September 201, the Defendant in violation of the Building Act was the owner of the building located in Kimhae-si B, and was able to make a large-scale repair of the building in question without the permission of, or reporting to, the competent authorities, by means of the construction of the second-class neighborhood living facilities (offices), the first floor of the building in question, and the installation of the columns, etc., and changed its use to the multi-family house for two households, and the second and third floors of the building in question, which was approved for use as a multi-family house (two households), were changed to five and four households, respectively.

2. The Defendant in violation of the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) constructed a detached house at the above location, which is a Class-I district unit planning zone, and in case of the construction of a detached house for the purpose of lease in accordance with the district unit planning, Kim Jong-si’s decision, even though the total number of households per parcel does not exceed four households, the Defendant constructed a building that does not meet the district unit planning by constructing a

3. Notwithstanding the fact that multi-household housing within urban areas under the National Land Planning and Utilization Act ought to be installed with at least 0.7 annexed parking lots per household, the Defendant in violation of the Parking Lot Act did not establish annexed parking lots according to the said standard while constructing multi-family houses by 11 households in the above location, which is located within urban areas under the National Land Planning and Utilization Act and urban areas under the same paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. The application of Acts and subordinate statutes to current status photographs, written confirmation of land use plans, ordinary building ledgers, and building conditions;

1. Article 108(1), Article 11(1) of the Building Act (the point of substantial repair of an unauthorized building), Article 108(1), Article 19 of the Building Act (the point of unauthorized Use), Article 141 subparag. 3, and Article 54 of the National Land Planning and Utilization Act (the point of construction of a building in violation of a district unit plan), Article 29(1)1 of the Parking Lot Act for criminal facts;

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