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(영문) 창원지방법원 2014.09.19 2014고단1509
건축법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2012, the Defendant obtained on September 20, 2012 the approval for the use of the second and third floors for the use of the second class neighborhood living facilities for the use of the second class neighborhood living facilities, which are four households in the use of the detached house.

1. A person who intends to construct or repair a building in violation of the Building Act shall obtain permission from the Special Self-Governing City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, and a person who intends to alter the purpose of the building for which approval for use has been obtained shall obtain permission from the Special Self-Governing City Mayor

Nevertheless, on October 2012, the Defendant made a large-scale repair of the second and third floors of the above building from 2 households to 5 households without obtaining permission from the Kimhae market, and changed the use of the first floor to 3 households without filing a report with the above Mayor.

2. A person who intends to build or install buildings, golf practice ranges and other facilities which create demand for parking in an urban area, district unit planning zone and a control area prescribed by municipal ordinance of the relevant local government under the National Land Planning and Utilization Act in violation of the Parking Lot Act shall install annexed parking lots inside such facilities or on the site thereof;

Although the defendant should install nine additional parking lots, he was not installed and repaired in the same manner as the preceding paragraph.

3. To construct buildings, alter the purpose of use, or install structures in a district unit planning zone in violation of the National Land Planning and Utilization Act, such district unit planning shall prevail;

Where the defendant constructs a detached house for the purpose of lease according to a district unit plan for a district unit development project for a district unit, he shall not exceed 4 households per parcel, notwithstanding the fact that the total number of households per parcel does not exceed 4 households, he shall be 13 households, such as the above paragraph (1).

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