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(영문) 창원지방법원 2017.10.11 2017노1201
건축법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misunderstanding of the instant container is used as a warehouse that is not settled on the land, it does not constitute construction of a new building (the construction of a new report). It merely does not constitute “extension” under the Building Act, and it does not constitute “large-scale repair” if the instant container is used as a warehouse that is not established on the land, and thus does not constitute “large-scale repair” under the same Act (the extension of a new report).

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, “building” under the Building Act means newly constructing a building on a site without a building (including a site on which an existing building is removed or demolished), with a roof, columns, or walls attached thereto, and facilities attached thereto, referring to an office, a performance hall, a shop, a shop, a garage, or a warehouse installed on an underground or elevated structure (Article 2 subparag. 1 subparag. 2 of the Building Act), and “construction” means newly constructing, expanding, remodeling, or reconstructing a building, or relocating a building on a building (Article 2 subparag. 1 subparag. 8 of the Building Act). According to the evidence duly investigated and adopted by the lower court (Article 2 subparag. 1 of the Enforcement Decree of the Building Act). The term “new construction” means constructing a new building on a building on a building site without a building (including a site on which a building is removed or demolished). According to the evidence duly examined and adopted by the lower court, the Defendant may file a criminal investigation report on the building’s roof and rooftop, etc.

Where a small-scale building the total floor area of which is not more than 100 square meters is newly constructed, the head of a Si/Gun/Gu shall report it to him/her, and ① the building shall be used as an agricultural warehouse.

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