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(영문) 제주지방법원 2018.03.23 2017고정609
건축법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who actually operates the Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd. in multi-family housing.

Any person shall report to the authorities when he/she engages in remodeling up to 85 square meters in total floor area.

Nevertheless, the Defendant, on June 2013, extended the balcony part 1.92 square meters from each inside of the first floor to the fourth floor without reporting to Jeju Mayor, in the E building F Dong, Jeju-si G building H Dong, Jeju-si I building J Dong-dong apartment, and without reporting to Jeju City Mayor.

Summary of Evidence

1. Statement made to K by each prosecutor's office;

1. Each accusation;

1. The I Building J’s construction, major repair, change of purpose of use report, G building J’s construction, construction, large-scale repair, change of purpose of use, G building H-dong housing design drawings, E building F-dong construction, large-scale repair, change of purpose of use report, E building F-dong housing design drawings, submission of reference materials [the Defendant’s construction of B building F, H and J-dong (hereinafter collectively “multi-family housing of this case”) according to the drawings prepared by the design office, and, even when completion of construction in 2013, a bath room was installed in each of the instant multi-family housing units extension balcony part inside each of the instant households, and thus, the bathing room is not extended without permission.

However, according to the evidence duly adopted and examined by this court, the following facts can be acknowledged.

- The exclusive use area of each of the households of the instant multi-family housing is 73.57 square meters in cases where each of the households of the instant multi-family housing is excluded from a bath room, and 75.49 square meters in cases where a bath room is included.

- According to K taking charge of the design and supervision of the instant apartment housing, it was intended to construct a bath room in the instant apartment house, but, if the bathing room area is included in the exclusive area of each household, the area of the parking lot calculated in connection with the exclusive area of each household is insufficient and the drawing was prepared in the course of preparing a drawing in order to obtain the building permit of the instant apartment in order to obtain the building permit of the instant apartment, a balcony only without any desire on the inside side of each household.

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