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(영문) 수원지방법원 2017.06.29 2017고정1088
국토의계획및이용에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

B The owner is a building owner who constructed a 145.96 square meters of total floor area, 145.96 square meters of total floor area, 2-story detached housing (operation) on the site located in Yong-si and D (area 900 square meters), and the Defendant is a building owner who constructed a living facility (b) with the total floor area of 90 square meters on the same site and the 1st class neighborhood living facility with the 1st class neighborhood on the ground.

1. Where permission to engage in development activities in violation of the National Land Planning and Utilization Act is modified, permission to engage in such activities shall be obtained from the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Special Self-Governing Province Mayors,

Nevertheless, on October 2015, the Defendant, without permission for change, obtained permission for the above construction site, as a retaining wall of steel reinforced concrete, and installed a retaining wall (3 meters in height and 27.69 meters in length) behind the building by changing it to a reinforced earth retaining wall.

Accordingly, the Defendant modified the matters that obtained permission for development activities without obtaining permission.

2. Violation of the Building Act;

(a) A project owner who intends to change any permitted matter shall obtain permission from the competent permitting authority before such change is made, as prescribed by Presidential Decree;

Nevertheless, the Defendant, without obtaining permission from July 2015 to October 2015, obtained permission as a total floor area of 90 square meters, 1st floor, and 1st class neighborhood living facilities, and constructed a building by changing it to a total floor area of 142.20 square meters, and a general wood structure of 2nd class.

(b) The owner who has failed to obtain approval for use shall not use the building or allow him to use it unless he obtains approval for use;

Nevertheless, on October 10, 2015, the Defendant used the building by allowing the lessee of the building to move into the building in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. G private statement;

1. Each accusation;

1. Location map, on-site photographs, and on-site photographs;

1. The land use plan and the land use plan (after modification);

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