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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) was not the construction of the instant housing, but only substantial repair that does not result in extension, remodeling, and reconstruction.
2. Determination
(a) The definitions of terms used in this Act shall be as follows:
8. The term "construction" means new construction, extension, remodeling, reconstruction of a building, or relocation of a building;
9. The term "large-scale repair" means repairing, altering, or extending the structure or external form of columns, beams, bearing walls, main stairs of a building, which is prescribed by Presidential Decree;
(1) Even a building subject to permission under Article 11 falls under any of the following cases, a building permit shall be deemed granted in advance to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry
2. Any of the following persons shall be punished by a fine not exceeding 50 million won for the construction of a building with a total floor area of less than 200 square meters and less than three floors in a controlled area, an agricultural and forest area, or a natural environment conservation area designated under the National Land Planning and Utilization Act:
1. The definitions of terms used in this Decree under Article 2 (Definition) of the Enforcement Decree of the Building Act shall be as follows:
1. The term "new construction" means to erect a new building (including a new erection of a primary building on a site in which only an accessory building is built, except for the cases of renovation or reconstruction) on a site without any building (including a site from which an existing building is dismantled or demolished);
2. The term "extension" means the building area, total floor area, and number of floors of a building on an existing site;