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(영문) 울산지방법원 2017.10.27 2017고정741
건축법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant in violation of the Building Act is a building owner who has obtained a permit to construct a single house on the second floor above 600 square meters of land in Suwon-si.

(a) The owner who intends to commence the construction work for the building for which a construction permit has been granted or a report has been filed without reporting the construction plan shall report the construction plan to the permitting authority;

Nevertheless, in September 2016, the Defendant did not report the construction plan even though he started construction work on the new construction site B of the Suwon-si flood zone B and did not report the construction plan.

(b) If a project owner intends to change any matter permitted or reported without obtaining permission for change, he/she shall file a report with the competent permitting authority before such change is permitted or reported;

Nevertheless, the Defendant, at the same place as in October 2016, obtained a construction permit to build a building with a total floor area of 182.7 square meters and a building area of 119.13 square meters on the ground on the same site on the same site, but changed the location and movement of the building differently from the matters permitted by the competent administrative agency without obtaining permission for change from the competent administrative agency, and changed the building into a 1-story and 2-story floor area of 89.21 square meters on the ground.

2. Where a person who has obtained permission to divert a mountainous district in violation of the Management of Mountainous Districts intends to change permitted matters, such person shall obtain permission;

Nevertheless, the Defendant, at the same place as around October, 2016, obtained permission to convert the use of mountainous districts to create a site with a height of 0.5 meters from 0.5 meters to 1.9 meters and a maximum height of 1.5 meters from the above site (70 meters) at the same site, but without obtaining permission to convert mountainous districts, built a site with a height of 1m to 2m and a height of natural stone differently from the permitted matters without obtaining permission to change from the competent administrative agency, and created a site not accompanied by banking.

3. Where a person who has obtained permission to engage in development activities in violation of the National Land Planning and Utilization Act intends to modify permitted matters, the permission shall be granted.

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