The defendant's appeal is dismissed.

1. The summary of the grounds for appeal by the defense counsel (the factual error or misapprehension of the legal principle) is the owner of the first-class neighborhood living facility building (hereinafter “instant building”) located on the land of 690.5 square meters in Seongbuk-gu, Sungnam-si, Sungnam-si, with the consent of the lessee of the said building to perform the construction work of the instant building (hereinafter “instant construction work”), and it does not constitute the owner of the building under the Building Act, since E, a lessee of the said building, directly ordered the said construction work or appointed a field manager, did not directly perform the construction work.

In addition, when the Defendant filed a civil petition on the ground that installing a simplified tent and displaying goods on the front of the instant building was unauthorized extension, the Defendant started the instant construction for the purpose of legitimate resolution, and the consent for extension to E was limited to the extent of complying with the provisions of the Building Act. As such, the Defendant could not have known prior to obtaining the approval for use of the said building, and there was no intention to violate the Building Act.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty of the facts charged.

2. Determination

(a) The term "project owner" under the Building Act that constitutes a project owner under the building Act means a person who directly executes the project by ordering or appointing a field manager for the construction, substantial repair, or alteration of the use of a building, installation of building equipment, construction of a structure, or construction of a structure (Article 2 subparagraph 12 of the Building Act), and a person who exercises the right as a project owner or has an interest corresponding to the owner of the building by actually ordering, managing, etc. the construction, regardless

In full view of the following circumstances that can be recognized by the evidence duly admitted and investigated by the lower court, the Defendant is the owner of the building under the Building Act who is the subject of the violation of the Building Act.