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(영문) 수원지방법원 성남지원 2016.10.27 2016고단2304
건축법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No project owner may use or allow another person to use a building unless he/she has obtained approval for use from the competent authority.

The Defendant completed the construction of the above building around August 2015, without obtaining approval for the use from the competent administrative agency, sold the above building by dividing it into each household and allowing each purchaser to use it. The Defendant is not a building owner of reinforced concrete structure (multi-household housing, 8 households) with a total floor area of 657.92 square meters on the ground of 4 stories and multi-household housing (multi-household housing, 657.92 square meters.

1. On May 20, 2015, the Defendant sold 302 units of the above building to the purchaser C at KRW 149 million, and had C move into and use the building without obtaining approval from the competent administrative agency on September 20, 2015.

2. On September 3, 2015, the Defendant sold 402 units of the above building to D buyers for KRW 145 million, and had D move to without obtaining approval from the competent authorities for use.

3. On October 31, 2015, the Defendant sold 201 units of the above building to the buyer E in KRW 142 million. On November 201, 2015, the Defendant occupied and used E without obtaining approval for the use from the competent police office.

4. On November 29, 2015, the Defendant sold 301 units of the above building to F purchaser F KRW 150 million, and around November 2015, the Defendant occupied and used F without obtaining approval for use from the competent authority.

5. On January 20, 2016, the Defendant sold 102 units of the above building to G buyers at KRW 144 million, and, on April 16, 2016, occupied and used G without obtaining approval for use from the competent administrative agency.

6. Around April 5, 2016, the Defendant sold 101 units of the above building to H in KRW 142 million, and had H take occupancy and use of the building without obtaining approval from the competent authority on May 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. I's statements and written certifications of tenants.

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