CONTENTS
- 1. The Client Who Came to the Yongsan Real Estate Attorney
- - How the Client Came to the Yongsan Real Estate Attorney
- - Relevant Statutes Explained by the Yongsan Real Estate Attorney
- 2. Assistance Provided by the Yongsan Real Estate Attorney
- - Yongsan Real Estate Attorney Argues That the Client Is Sincerely Remorseful for the Offense
- - Yongsan Real Estate Attorney Argues That the Client Has Lived Diligently, Including Performing Good Deeds That Benefit Society
- - Yongsan Real Estate Attorney Argues That the Client Is Making Efforts to Restore the Original Condition
- 3. As a Result of the Yongsan Real Estate Attorney's Assistance, the First-Instance Judgment Was Overturned and a ‘Suspended Sentence’ Was Granted
1. The Client Who Came to the Yongsan Real Estate Attorney
The client who requested assistance from the Yongsan real estate attorney had violated the Building Act by illegally expanding a multi-household house, a villa.
The client had received an actual custodial sentence at the first instance.
The client therefore entrusted the case to the real estate attorney at the Yongsan office in order to appeal.
How the Client Came to the Yongsan Real Estate Attorney
The Yongsan real estate attorney examined the client's case in detail through thorough consultation with the client.
The client had worked hard throughout his life and barely managed to purchase the villa in this case by taking out a mortgage loan.
The client tried to repay the principal and interest of the loan partly through monthly rent, but it did not go as planned.
The client therefore carried out major repairs to the building without a permit and increased the number of households.
Having ultimately violated the Building Act, the client received an actual custodial sentence at the first instance.
Believing that this sentence was too heavy and unfair, the client decided to appeal and came to the Yongsan office to request a real estate consultation from an experienced attorney.
Relevant Statutes Explained by the Yongsan Real Estate Attorney
Q. Which law did the client violate?
A. The Yongsan real estate attorney's answer
■ Building Act Article 11 (Building Permit)
(1) A person who intends to construct or carry out major repairs to a building shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of the city, county, or district.
However, where a person intends to construct a building of a use and scale prescribed by Presidential Decree, such as a building with 21 or more stories, in a Special Metropolitan City or a Metropolitan City, the person shall obtain permission from the Special Metropolitan City Mayor or the Metropolitan City Mayor.
The law the client violated is Building Act Article 11.
The client came to be punished because the client carried out major repairs to the building without obtaining a building permit.
Q. What punishment does the client who violated the above law face?
A. The Yongsan real estate attorney's answer
■ Building Act Article 108 (Penalty Provisions)
(1) A person who falls under any of the following items shall be punished by imprisonment for not more than 3 years or by a fine not exceeding 500 million won.
1. A building owner or construction contractor who, in an urban area, constructs, carries out major repairs to, or changes the use of a building in violation of Article 11 (1), Article 19 (1) and (2), Article 47, Article 55, Article 56, Article 58, Article 60, Article 61, or Article 77-10
Pursuant to Building Act Article 108 (1) Item 1, the client faces imprisonment for not more than 3 years or a fine not exceeding 500 million won.
2. Assistance Provided by the Yongsan Real Estate Attorney
The Yongsan real estate attorney established a strategy to overturn the original judgment and help the client obtain a reduction of the sentence.
On this basis, the real estate attorney at the Yongsan office argued as follows.
Yongsan Real Estate Attorney Argues That the Client Is Sincerely Remorseful for the Offense
The client is sincerely remorseful for the offense in this case, which stemmed from the client's own mistaken judgment.
The real estate attorney at the Yongsan office emphasized this argument by also submitting a letter of reflection written by the client.
Yongsan Real Estate Attorney Argues That the Client Has Lived Diligently, Including Performing Good Deeds That Benefit Society
It is true that the client violated the relevant Building Act.
However, the client was raised by a single mother and spent his life diligently and without incident, working part-time jobs from his elementary school years.
The attorney also emphasized that the client performs good deeds that benefit society, such as pledging organ donation, and requested that the greatest possible leniency be extended to the client.
Yongsan Real Estate Attorney Argues That the Client Is Making Efforts to Restore the Original Condition
Despite difficult economic circumstances, the client is making efforts to restore the original condition.
The attorney argued that the client is sincerely making efforts, having partly restored the original condition and also prepared a plan for future restoration.
3. As a Result of the Yongsan Real Estate Attorney's Assistance, the First-Instance Judgment Was Overturned and a ‘Suspended Sentence’ Was Granted
Accepting the arguments prepared by the Yongsan real estate attorney, the court overturned the original judgment and pronounced a suspended sentence.
Taking into account factors such as the defendant's remorseful attitude and the partial restoration of the original condition, the court determined that the sentence in the original judgment was unfairly heavy.
The client conveyed thanks to the experienced attorney who had conducted the real estate consultation at the Yongsan office.
If You Need a Real Estate Consultation
The case above was one in which a client who had violated the Building Act by carrying out major repairs to a building without a permit came to an experienced attorney at the Yongsan office to request assistance.
The Yongsan real estate attorney succeeded in overturning the client's first-instance sentence and obtaining a suspended sentence.
If you need a real estate consultation like the above, you may entrust your case to the Yongsan real estate attorney at Daeryun Law Firm at any time.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
