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The judgment below
In March of 2013, the violation of the Building Act due to the construction of one unit of steel pipe steel tent.
Reasons
1. The summary of the grounds for appeal is that one unit of 156 square meters in the pipe industrial tent, one unit of 108 square meters in the pipe industrial tent of the same ground area, one unit of 108 square meters in the pipe industrial tent of the same ground area, and one unit of 1 per the pipe industrial tent of the same ground area of 66 square meters in the total floor area under the Building Act shall be all the buildings stipulated under the Building Act. However, the court below acquitted the Defendant of violating this part of the Building Act, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. Judgment on the prosecutor's assertion
(a) Where a person intends to build a building with a total floor area of less than 200 square meters and less than three floors in a management area, agricultural and forest area, or natural environment conservation area under the National Land Planning and Utilization Act on the charges of not guilty portion, he/she shall file a prior report thereon with the Special Self
Nevertheless, the Defendant did not file a construction report, and around December 2012, constructed one unit of 156 square meters of total floor area on the land of Gyeonggi-gun F, Gyeonggi-gun, an agricultural and forest area, and constructed one unit of 156 square meters of pipe industrial tent, one unit of 108 square meters of total floor area in F, and one unit of 66 square meters of pipe industrial tent on F, around March 2013.
B. (1) According to Article 2(1)2 of the Building Act, “building” means a structure settled on land, which has a roof and columns or walls, and a structure appurtenant thereto, an office, a performance hall, a shop, a garage, a garage, a warehouse, and other structures prescribed by Presidential Decree. Here, a structure fixed on land does not necessarily necessarily refer to a structure that cannot move because it is fixed on the land. It is not easy to move by separating it from the land in a common way, and its original purpose is to a certain place.