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(영문) 광주지방법원 2018.08.21 2018고단2274
공동주택관리법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

However, each of the above punishments shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the owner of Gwangju Northern-gu E and 2 Dong 401.

Where occupants, etc. of multi-family housing or the management entity of multi-family housing intend to use multi-family housing for purposes other than those specified in a project plan, they shall obtain permission from the head of the relevant Si/Gun/Gu

Nevertheless, from around 2002 to September 4, 2017, the Defendant used approximately 6.61m2 of the corridor, which is the common area of the 4th apartment, as an individual warehouse, to use it as a part of exclusive ownership without obtaining permission or filing a report.

2. Defendant B is the owner of Gwangju Northern-gu E, 2 Dong 501.

Where occupants, etc. of multi-family housing or the management entity of multi-family housing intend to use multi-family housing for purposes other than those specified in a project plan, they shall obtain permission from the head of the relevant Si/Gun/Gu

Nevertheless, between December 2006 and September 4, 2017, the Defendant used approximately KRW 6.61m2, which is the common use area of the 5th apartment, as an individual warehouse, and used it as a section for exclusive use without obtaining permission or filing a report.

3. Defendant C is a person who actually resides in the North-dong E and 201 of Gwangjubuk-gu.

Where occupants, etc. of multi-family housing or the management entity of multi-family housing intend to use multi-family housing for purposes other than those specified in a project plan, they shall obtain permission from the head of the relevant Si/Gun/Gu

Nevertheless, from around 2002 to September 4, 2017, the Defendant used approximately 6.61m2 of the corridor, which is the common area of the second apartment floor, as an individual warehouse, to use it as a part of exclusive ownership without obtaining permission or filing a report.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of Acts and subordinate statutes to accusation offenders of multi-family housing management;

1. Relevant provisions of the Act concerning facts constituting an offense;

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