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(영문) 창원지방법원 2013.11.01 2013고정1063
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Building Act is the owner of the building B in Kimhae-si, and around July 201, on the second floor of the building above, the existing two houses were substantially repaired with a size of approximately KRW 121.11 square meters from the previous two houses without the permission of the competent authorities.

2. The Defendant in violation of the National Land Planning and Utilization Act (hereinafter “National Land Planning and Utilization Act”) constructed a building on the same date, time, place, and district unit planning zone in compliance with the district unit planning. However, the Defendant constructed the said building on the 2nd floor as above on the 4th unit and became the 5th unit of the said building on the 1st and the 2nd unit of the said building, thereby failing to comply with the said district unit planning.

3. Violation of the Parking Lot Act;

A. Although the Defendant is required to establish one annexed parking lot per household according to the plan for the unit district of the building part of the housing site development project in the district under the National Land Planning and Utilization Act, the Defendant is required to build one annexed parking lot for each household, at the same time and place as the above paragraph (1) and paragraph (2) of the same Article, to accommodate two additional parking lots.

(b) No parking lot attached to a building shall be used for any purpose other than a parking lot;

Nevertheless, the Defendant, at the same time and place as the above Paragraph (1) above, installed a flower in the parking space for the second parking space of the attached parking lot of the building, and used it as a space for piling up the goods for other purposes than the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a C district housing site development project plan, land use plan confirmation, land cadastre, and ordinary building ledger;

1. Relevant Article 108(1) and Article 11(1) of the Building Act for criminal facts, the choice of punishment, and the district unit planning for Article 14 of the National Land Planning and Utilization Act (the point of substantial repair of an unauthorized building), Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act;

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