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(영문) 수원지방법원 여주지원 2013.07.08 2013고정126
건축법위반
Text

The defendant shall be innocent.

Reasons

1. A person who intends to build a building with a total floor area of not more than 100§³ in the facts charged on or around June 2012, the Defendant, despite having reported to the competent authority, constructed two food sales stores (hereinafter “the instant building”) by installing a pipe on a 39.63mm2 in the 39m3m2, such as Gyeonggi-gun, Gyeonggi-do, D Forest, and 34.67m2, E, C, and D Forest, respectively, and installing two boxes of food sales stores (hereinafter “instant building”).

2. The prosecutor prosecuted the facts charged of this case on the premise that the building in this case is a building subject to reporting under Article 14(1)5 of the Building Act. We examine whether the building in this case is a building subject to regulation under the Building Act.

The term "building" under Article 2 (1) 2 of the Building Act means a structure fixed on land, which has a roof and columns or walls, and facilities appurtenant thereto, an office, a performance hall, a shop, a garage, a garage, a warehouse installed in an underground or elevated structure, and other structures prescribed by Presidential Decree. Here, the term "structure fixed on land" does not necessarily mean only a structure fixed on land that is impossible to move because it is impossible to move, but it is not easy to move the attached structure separately from the land in a common way, but includes cases where the original purpose of use is set up for a considerable period of time at a specified place, and is attached thereto.

(See Supreme Court Decision 91Do945 delivered on June 11, 1991). Circumstances revealed by the health stand and the evidence duly admitted and investigated by this Court regarding the instant case, namely, the instant building is a vinyl house that made the form of vinyl and pole by putting a roof over the floor with a hack pipe only, and then making the structure of the instant building over the roof and pole. This is the land.

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