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(영문) 광주지방법원 2013.11.21 2013고정1630
건축법위반
Text

1. Defendant A shall be punished by a fine of KRW 2,00,000.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is the owner of a multi-family house with a total floor area of 659.5 square meters on the fourth floor located in Seo-gu, Gwangju, Seo-gu.

A person who intends to repair a building shall obtain permission from the head of a Si/Gun/Gu.

Nevertheless, on March 26, 2010, the Defendant constructed the said multi-household by obtaining a building permit from the head of the Gu of Gwangju on the construction of the said multi-household as 19 households. On November 8, 2010, after obtaining approval for use on the said multi-household house, the Defendant installed a boundary wall between households for the said multi-household house and expanded the number of households without permission by installing construction equipment such as electricity, gas, and sanitary pipes differently from design documents.

2. Defendant B is a certified architect operating ‘‘(H’) in Gwangju Northern-gu G, and is a person delegated by the head of Gwangju-gu, who is delegated by the head of the building permit authority, with respect to the field investigation, inspection, and confirmation of multi-family houses with a total floor area of 628.48 square meters on the fourth floor in Gwangju-gu, Seo-gu.

A certified architect shall prepare an interim report on supervision, after completion of construction works, and submit it to the project owner and the permitting authority, and shall not prepare and submit the interim report on supervision or the completion report on supervision without justifiable grounds.

Nevertheless, on February 26, 2010, the defendant was constructed with 13 households exceeding five households, which are the households permitted to construct the above multi-family house, and was not constructed according to the design drawings at the time of the construction permit. However, even though the above multi-family house was constructed with 18 households exceeding five households, the defendant prepared a false interim report and a false report on completion of supervision to comply with the construction design and relevant statutes, and submitted it to the construction department of the Gwangju Seo-gu Office

3. Defendant C is the owner of a multi-family house with a total floor area of 659.47 square meters on the fourth floor located in Seo-gu, Seo-gu, Gwangju Metropolitan City.

A person who intends to repair a building shall obtain permission from the head of a Si/Gun/Gu.

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