Whether the building area was originally included in the building area, but not included in the floor area is "extension under the Building Act" in the case where a steel pole was made on an external stairs made of steel studs for the back of a commercial building, and the outer wall and roof were made on that basis (affirmative)

According to Article 2 (1) 2 of the Enforcement Decree of the Building Act, the term "extension" means an increase of the building area, total floor area, or height of a building in the existing site. According to Article 119 (1) of the Building Act, the term "building area" means the horizontal plane projection area of the part enclosed by the center line of the outer wall of the building (main sentence of subparagraph 2), and the term "floor area" means the horizontal plane projection area of the part enclosed by the center line of the wall, column, or other similar division of each floor of the building or part of the building (main sentence of subparagraph 3), and the elevator tower, stairs tower, and other similar ones shall not be included in the floor area (as subparagraph 3 (e)), the term "total floor area" means the sum of the floor area of each floor (as subparagraph 3 (e) of subparagraph 4), which is included in the initial building area, but not included in the floor area, and thus, it constitutes a transparent increase in the floor area under Article 19 (1) 1 of the Building Act.

Article 2(1)9 of the Building Act, Article 2(1)2 of the Enforcement Decree of the Building Act, and Article 119(1)3 of the Building Act

[Plaintiff-Appellant] 90Ma723 decided Oct. 29, 1990 (Gong1990, 2395)

Defendant

Defendant

Incheon District Court Decision 99No1311 delivered on September 30, 1999

The appeal is dismissed.

We examine the grounds of appeal.

According to Article 2 (1) 2 of the Enforcement Decree of the Building Act, the term "extension" means an increase of the building area, total floor area, or height of a building within the existing site. According to Article 119 (1) of the Building Act, the term "building area" means the horizontal plane projection area of the part enclosed by the center line of the outer wall of the building (main sentence of subparagraph 2), and the term "floor area" means the horizontal plane projection area of the part enclosed by the center line of the wall, column, or other similar division of each floor of the building (main sentence of subparagraph 3), elevators, stairs tower, and other similar ones shall not be included in the floor area (as determined by the court below, subparagraph 3 (e) and "total floor area" means the sum of the floor area of each floor of the building (main sentence of subparagraph 4), as determined by the court below, since it was included in the original building area, but not included in the floor area, it can not be included in the outer wall of subparagraph 1 of Article 13 of the Building Act and it can not be included in the outer wall of the Building Act.

In light of the records and the above legal principles, the judgment of the court below that the outside stairs in the judgment of the court below constituted buildings, and that the defendant's act constitutes extension under the Building Act is just, and there is no error of law by misunderstanding the legal principles as to extension under the Building Act, and building as otherwise alleged in the ground of appeal

The grounds of appeal cannot be accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee In-hee (Presiding Justice)