A. As to the violation of legal principles (i) Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 71(1)1 of the Enforcement Decree of the same Act, construction of “multi-household housing” is allowed in a Class 1 exclusive residential area, and even in the case of “multi-household housing,” even if construction can be allowed for up to 19 households, the remaining Yangyang-ju market created new matters without any ground under a law that prohibits construction of “multi-household housing” in an area designated as a Class 1 exclusive residential area as a Class 1 exclusive residential area and restricts construction of “multi-household housing” to two households is null and void as it goes beyond the upper limit of delegation.

The lower court omitted the judgment on the foregoing argument.

(2) The lower court, as a matter of course, omitted or neglected the application of Article 71(3) of the Enforcement Decree of the National Land Planning Act (amended by Presidential Decree No. 23502, Jan. 6, 2012) that ought to be naturally applied to the instant case.

(3) The limitation of the instant public notice, which is a subordinate statute, of the act permissible pursuant to Article 76(1) of the National Land Planning Act and Article 71(1) of the Enforcement Decree of the same Act, is a violation of statutoryism.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. The instant housing is located in an area designated as C district in a Class 1 exclusive residential area under the National Land Planning Act, and the relevant site is designated as a district unit planning zone in a site for a detached house according to the “C District Urban Management Planning” at the Namyang-si city.

On October 8, 2015, the Namyang-ju Mayor shall use a building permitted in the site of a detached house according to the said district unit plan as the instant announcement from the detached house of one household per parcel (excluding multi-unit houses. Underground floors are excluded from residential usage).