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(영문) 대구지방법원 서부지원 2013.05.31 2012고정949
건축법위반
Text

The defendant shall be innocent.

Reasons

The Defendant is a person who operates a dance institute under the trade name of “D” on the fourth floor of the Daegu-gu Seoul Building.

A person who intends to change the use of a building approved as an education and research facility into an amusement facility shall obtain permission from the head of the Si/Gun/Gu.

Nevertheless, from January 2008 to October 25, 201, the Defendant changed the use of a building as an amusement facility by using the facilities such as the floor floor floor, lighting, etc. of approximately 120 square meters for each student with private dance and receiving tuition fees of KRW 100,000 for each student as a dance institute in an urban area where the use of the building was approved for the purpose of education and research facilities, without obtaining permission from the competent administrative agency.

Accordingly, the defendant changes the use of the building without obtaining permission from the competent authorities.

Judgment

Public prosecution by prosecutors, this building was approved for the purpose of education and research facilities, and the defendant changed the purpose of use to amusement facilities by running a dance institute business without obtaining permission for change of purpose of use.

The defendant and defense counsel denied the charges by asserting that the defendant did not operate facilities that teach dancing at a fee, and that it is not a dance institute (a amusement facility under the Building Act) but a sports dance facility.

It is reasonable to interpret that a dance institute, which is a kind of amusement facilities under the Building Act, refers to a facility where dancing is taught for a fee.

Therefore, the key issue of this case is whether there is a prosecutor's proof of the fact that the defendant operates dance institutes that teach dancing at a fee, or whether it is merely an educational and research facility for sports dancing.

In addition to these circumstances, the witness E's legal statement, etc. is changed into the defendant's lawsuit.

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