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Reasons
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(영문) 대전지방법원 2016.03.23 2015고정1633
건축법위반등
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Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around November 6, 2013, the Defendant: (a) obtained a permit from the competent authority to construct a detached house of 2 stories above ground; (b) the building area of 129.06§³; and (c) the total floor area of 227.36§³ in Sejong C; (c) on November 6, 2013, the Defendant constructed a detached house with the building area of 167.06§³ in the said place from November 6, 2013 to November 6, 2014.

Accordingly, the defendant did not obtain permission, and the legal building-to-land ratio exceeded 40% but exceeded 51.55%, and the legal building-to-land ratio exceeds 80%, but more than 82.02%.

2. Although a building constructed in an exclusive residential area within a development area upon the special self-government of Sejong-Class Special Self-Governing Province, at least 1m from the boundary line of the adjoining site, the Defendant constructed a detached house as above, and constructed a building with approximately 0.1m from the boundary line of the adjoining site.

3. From November 6, 2013 to November 1, 2014, the Defendant changed the form and quality by building a detached house at the above location, without obtaining permission from the competent authority, and making changes in the form and quality by gathering surrounding soil at least 0.5 meters.

4. Prior to approval for use, the Defendant occupied and used the said detached house without obtaining approval for use from the competent government office on November 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written accusation;

1. A building permit application, a permit drawing, a drawing of the current status of unlawful buildings prior to revision, and a site construction plan drawing;

1. Application of statutes on site photographs;

1. Article 110 Subparag. 2 of the former Building Act (amended by Act No. 12968, Jan. 6, 2015; hereinafter the same) and Article 116 Subparag. 1 of the same Act (amended by Act No. 12968, Jan. 6, 2015; hereinafter the same) regarding criminal facts; Articles 110 Subparag. 1 and 55 of the former Building Act (which exceeds the building-to-land ratio); Articles 110 Subparag. 1 and 56 of the former Building Act (which exceeds the building-to-land ratio).

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