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(영문) 수원지방법원 2015.01.22 2014고정3301
건축법위반등
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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 located in Young-gu, Suwon-si, Suwon-si, which is a general industrial area (the second class neighborhood living facilities (public notice source), the total eight floors, and the total floor area of 945 square meters);

On December 30, 2010, the above building obtained a building permit from the Young-gu Office, and obtained approval for use on February 17, 2012.

In order to change the purpose of use and make a large-scale repair of a building for which approval for use has been obtained, it is necessary to obtain permission from the water supply market or obtain reports, and the general industrial area is not possible to change the purpose of use into urban-type residential housing, but the defendant has installed a lux, water field, and electric rail in a total of 39 guest rooms of the above building on the end of February 2012 and operated a lease business by voluntarily changing the purpose of use into a general residential facility.

2. Construction works for any residential building, the total floor area of which exceeds 495 square meters, shall be performed by a constructor;

Nevertheless, on July 5, 2011, the Defendant reported the commencement of the construction project to the Young-gu Office of Young-gu, Suwon-si, which is a construction business registration certificate of the Co., Ltd., which has arranged the building under Paragraph (1) of the same Article, but the fact was that the Defendant, the owner of the building, directly hires the parts, and received the approval for the use of the building on February 17, 2012.

Accordingly, the Defendant violated the restriction of the construction work executor.

3. No constructor who violates the Framework Act on the Construction Industry (Prohibition of Lending and Arranging Construction Business Registration Certificates) shall allow any third person to receive a contract for or perform construction works by using his/her name or trade name, nor lend his/her construction business registration certificate or construction business registration pocket book to any third person and become the other party

Nevertheless, on December 2, 2010, the Defendant shall pay 4 million won to the person who has failed to perform his/her name at the office in the construction site in Young-gu, Suwon-si, Suwon-si, Suwon-si, and shall lend the construction business registration certificate to the person who has failed to perform the construction business in paragraph (1).

7.5. Suwon.

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