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(영문) 수원지방법원 안양지원 2020.01.10 2019고정440
건축법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Building Act is the owner of a building site of 20,873 square meters located in B forest, park, and natural green area in Gwanak-gu in Seoul Special Metropolitan City. A person who intends to construct or repair a building must obtain permission from the head of the competent Si/Gun/Gu. Nevertheless, the Defendant, without permission from the competent administrative agency, proposed restoration of the area for extension of an existing building (30 square meters) of the said site from May 3, 2018 to May 27, 2018 to the original state, and remodeled and substantially repaired the four pages of the building (84.96 square meters of the wall area), roof area (including the roof mold), roof area (75.6 square meters), floor area (7.6 square meters of the land). 2. A person who violates the Urban Park Act and Green Areas Act must obtain permission from the competent administrative agency in order to rebuild, rebuild, expand, or repair an existing building or structure in an urban natural natural park area without permission from the competent administrative agency. Notwithstanding the criminal facts stated in paragraph (1), the Defendant has to obtain permission from the competent administrative agency.

The revised facts charged are as follows: "a structure was installed." However, it is reasonable to see "2.8 square meters of a warehouse as a building, not a structure, but a building under Article 2 (1) 2 of the Building Act. Even if it is corrected, it is difficult to see that it causes an obstacle to the exercise of the defendant's right

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Map of location and all on-site photographs;

1. Confirmation of land use plan;

1. Paragraph (1) of this Article shall apply to the defendant and his defense counsel for the investigation report (to attach data submitted by the complainants);

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