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(영문) 수원지방법원 성남지원 2017.01.25 2016고단2912
건축법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to construct or repair a building shall obtain permission from the competent authorities;

Nevertheless, on August 30, 2014, the Defendant: (a) constructed D 102 and 103 households on a parcel outside Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City; and (b) obtained a building permit and approval for the use thereof; (c) installed a new 1 household on the said 102 unit without obtaining permission from the competent administrative agency from October 2014 to December 2014; (d) divided the said 102 unit into three households; (e) divided the three floors (170.1 square meters); and (e) newly built a 1 household on the said 4th floor into three households; and (e) newly built a 50 square meters unit on the said 103th floor (16.6 square meters); (e) newly built a 14th floor on the said 16th floor (16.36th floor); and (e) divided the 16th floor into 36th floor and 14th floor on the said 103 unit.

Accordingly, the defendant constructed a building in an urban area without obtaining permission from the competent authorities.

2. Any person who intends to alter the use of a building, for which approval for use of the building has been granted, shall report it to the competent authorities;

Nevertheless, from October 2014 to December 2012, 2014, the Defendant, without reporting to the competent authority, changed the first floor (170.89 square meters) underground for the purpose of residential facilities located in the 102 neighborhood living facilities located in the 102 unit that obtained approval for the use of the building to the residential purpose, and the first floor (12 square meters) underground for the purpose of residential facilities located in the 103 unit neighborhood living facilities located in paragraph (1) to the residential purpose, respectively.

3. A project owner who constructs a building with a total floor area of less than 1,000 square meters on a site with an area of not less than 200 square meters shall take measures necessary for landscaping, such as planting trees, in an area of not less than five percent;

Nevertheless, the Defendant removed 102 Dong landscaping (43.09 square meters) as indicated in paragraph (1) and 103 Dong landscaping (44.08 square meters) during the period from around October 2014 to the end of December 2014.

Accordingly, the defendant did not take measures necessary for landscaping, such as planting trees, on the area of at least 5% of the site area.

Summary of Evidence

1. Statement by the defendant in court;

1. Any person who violates the Building Act;

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