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(영문) 창원지방법원 2015.03.11 2015고정33
건축법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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 the third floor above ground located in Kimhae-si, and around December 31, 2012, the Defendant obtained approval from the competent authority for use of the above building for the purpose of “a single house and Class II neighborhood living facilities.”

Where it is intended to construct or repair a building related to one story without permission, unauthorized repair, unauthorized expansion - One story-related building, permission from the competent authority shall be obtained, and where it is intended to change the use of a building, a report shall be made to the competent authority in advance, or permission shall be obtained from the competent authority in advance.

On January 2013, the defendant, without obtaining permission from the competent authority, installed one bearing wall in the restaurant (Class II neighborhood living facilities) of the above building, and used it as two rooms, and extended the boiler room in the size of 2 square meters to the board.

Accordingly, the defendant did not make a prior report to the competent authority in changing the use of the first floor of the above building, and made a substantial repair and extension without permission from the competent authority.

(b) Extension without permission - In cases of extension of a building relating to three floors, permission from the competent authorities shall be obtained;

Nevertheless, on January 2013, the defendant had not obtained permission from the competent authorities, and had been extended to the three teams of the third floor of the above building (19.47 square meters).

Accordingly, the defendant extended the three floors of the above building without permission.

(c) Unauthorized expansion - In the case of extending a rooftop-related building, obtaining permission from the competent authorities.

Nevertheless, on January 2013, the defendant, without obtaining permission from the competent authorities, has expanded the 4th floor by making it a two residential space by altering the 3rd storys on the rooftop of the above building.

2. According to the Parking Lot Act in violation of the Parking Lot Act, a total of eight parking facilities are needed for the above buildings.

Nevertheless, the defendant, around January 2013, is about the total of four parts while expanding the above building without permission.

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