All appeals by the Defendants are dismissed.

1. The main points of the grounds for appeal are that the sales lawsuit other than marina tickets is included in cultural and assembly facilities may be easily informed from the general public;

However, whether the above cultural and assembly facilities belong to the category of “cultural and assembly facility group” under Article 19(4)4 of the Building Act or not, cannot be easily known from the perspective of the general public, and thus, punishing the act of changing the use of this case as a violation of the Building Act goes against the principle of statutoryism.

In other words, Article 19(4)4 of the Building Act only provides for “cultural and assembly facility group” and Article 14(5)4 of the Enforcement Decree of the Building Act does not provide for “cultural and assembly facility group” under each subparagraph of Article 19(4) of the Building Act. The foregoing “cultural and assembly facility group” and “cultural and assembly facility group” cannot be said to be the same meaning.

In this regard, the lower court did not explicitly determine whether the said judgment was made on the premise that “the group of cultural and assembly facilities” under Article 14(4)4 of the Building Act and “the group of cultural and assembly facilities” under Article 14(5)4 of the Enforcement Decree of the Building Act are the same meaning, and whether the said judgment was made in the same sense and the reasons therefor.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles and the omission of judgment on the principle of criminal law.

2. Judgment on the grounds for appeal

A. Article 19(2) of the Building Act provides that where the use of a building belonging to a facility group falling under any of the subparagraphs of paragraph (4) is changed to a upper-tier military (a facility group smaller than the military facility to which the purpose of use is to be changed belongs) and the use is to be reported in cases where the use is changed to a lower military unit (a facility group than the military facility to which the number of each subparagraph of paragraph (4) belongs where the purpose of use is to be changed, the number of each subparagraph of paragraph (4) is to be changed to a lower military unit) and Article 19(4) of the Building Act and the Enforcement Decree of the Building Act enacted with the delegation thereof (amended by Presidential Decree No. 26974, Feb. 11, 2016).