Scope of substantial repair of the floor of multi-family housing subject to permission.

Article 38(2) of the former Housing Construction Promotion Act (amended by Act No. 3902 of Dec. 31, 1986) and attached Table 2 of Article 6(2) of the Decree on the Management of Multi-Family Housing, the large-scale repair of the floor of multi-family housing subject to permission by the Minister of Construction and Transportation means only the steel reinforced concrete structure that divides the floor of multi-family housing (multi-family housing). It does not constitute the repair of the floors or floors that do not have any influence on the structure or appearance.

Article 38(2) of the former Housing Construction Promotion Act (amended by Act No. 3902 of Dec. 31, 1986); Article 6(2) of the Decree on Management of Multi-Family Housing

Defendant

Prosecutor

Incheon District Court Decision 87No207 delivered on November 26, 1987

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to Articles 38(2) and 38(2) of the Housing Construction Promotion Act (amended by Act No. 3902 of Dec. 31, 1986), and Article 6(2) and attached Table 2 of the Decree on the Management of Multi-Family Housing provide that the permission of the Minister of Construction and Transportation shall be obtained in advance for the occupants and users of multi-family housing to extend or rebuild (including substantial repair). The substantial repair of the floor of multi-family housing subject to such permission refers only to a reinforced concrete building which partitioned the floor of multi-family housing (multi-family housing). The repair of a building or a ridge that does not have any structural or external influence (amended by Act No. 3899 of Dec. 31, 1986), and Article 2 subparag. 13 and 7 of the Building Act (amended by Act No. 3899 of Dec. 31, 1986), Article 17 of the same Act, Article 2 subparag. 9 of the Enforcement Decree of the Building Act (amended by Presidential Decree No. 2022 of Dec. 9, 19). 6).

Therefore, the court below was just in finding the defendant's removal of only part of the apartment house and the floor of the heating system of this case and finding the fact that the defendant did not know about it, and found the defendant not guilty on the ground that it does not constitute substantial repair of multi-family housing. There is no error in the misapprehension of the legal principles of the Housing Construction Promotion Act and the Decree on the Management of Multi-family Housing, such as theory of lawsuit. There is no argument.

Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ju (Presiding Justice)