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(영문) 광주지방법원 2018.04.25 2017고정1515
건축법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On December 2, 2013, the Defendant violated the Building Act without filing a report with the head of the Gwangju Northern-gu Office, and arbitrarily expanded the 14.88 square meters of the first floor, 24.61 square meters of five stories, and 28 square meters of six stories of the first floor to the apartment houses located in Gwangju Northern-gu Seoul (area 368.2 square meters of the area) located in Gwangju Northern-gu, and changed the use of the five stories of the said building approved as neighboring living facilities without filing a report with the head of the Gwangju Northern-gu Office.

2. Where an urban-type residential house in violation of the Act on Housing is to be constructed with at least five floors and at least 30 households, approval of a project plan shall be obtained from the head of the competent Gu;

Nevertheless, the defendant constructed six floors and 31 households' urban-type residential housing without obtaining approval of the business plan from the head of Gwangju North-gu Office at the time and place described in the above paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

2. A written accusation;

3. Photographs of extension or altered use without permission.

4. A person who intends to implement a housing construction project with at least 30 households pursuant to Article 15 (1) of the Housing Act and Article 27 (1) 2 of the Enforcement Decree of the Housing Act shall obtain approval for a project plan.

In the case of remodeling (based on the number of increased households)

b. Except Article 27(1)(2) of the Enforcement Decree, a project plan shall be approved on the basis of the total number of households.

The defendant's multi-family housing is extended to patrolmen on December 28, 2012 with the approval of the use on December 28, 2012, and it does not fall under remodeling stipulated in Article 2 subparagraph 15 of the Housing Act, and it constitutes an object of approval of a business plan under the Housing Act, since the defendant extended a total of 31 households, resulting in construction of urban residential housing for all 31 households).

Application of Statutes

1. Article 111 subparag. 1, Article 14 of the Building Act for criminal facts, Article 108, Article 19(2) of the Building Act, Article 102 subparag. 5, Article 15(1) of the Housing Act, and Article 15(2) of the same Act for the selection of punishment for a crime (the points of non-report extension), each of the fines is selected.

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