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(영문) 부산지방법원 동부지원 2014.06.11 2014고단743
건축법위반등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of a building in Kimhae-si B.

1. Violation of the Building Act;

(a) Any person who intends to change the use of a building from a neighborhood living facility group to a residential business facility group shall report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor,

Nevertheless, the defendant did not report to the Kimhae-si Mayor, and changed the use of the first floor of the above building that was approved to use as the office ( neighboring living facility group) from February to April of 2013 to the third household (residential business facility group) of multi-family house.

(b) Any person who intends to make a large repair of a building shall obtain permission from the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head

Nevertheless, on February 2, 2013 to April 2, 2013, the Defendant, without obtaining permission from the Kimhae market, dismantled, repaired, or altered the party walls of the second and second floors of the above building and the second and third floors of multi-family houses, to increase them to 4 households, respectively, and conducted substantial repair by demolishing stairs between the third and multilateral floors and repairing the wall.

2. Any person who intends to build a multi-family house shall install an annexed parking lot in the inside of such facility or on the site thereof, and secure 0.7 units of parking for each household in cases of a multi-family house with an exclusive area of 60 square meters or less per household;

Nevertheless, the Defendant installed a facility that creates demand for parking by increasing the number of households in the building above to 12 households on February 2, 2013 through April 4, 2013, and thus, it is necessary to establish an attached parking lot that can park more than 9 vehicles with a total of 9 households (12 households x 0.7 households x 8.4 households and less than a small number of decimal places). However, only 4 vehicles have installed a parking lot that can park.

3. Where anyone who violates the National Land Planning and Utilization Act intends to construct a building, alter its use, or install a structure in a district unit planning zone, he shall comply with the district unit planning and where the building is located;

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