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(영문) 의정부지방법원 2017.12.14 2016고정1954

건축법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to construct a building, alter its use, or install a structure in a district unit planning zone shall comply with such district unit planning.

Defendant

In the case of a single-story building with a total floor area of 320.67 square meters in Nam-si, Namyang-si, and a detached house building with the second-story above ground, a Class-I district unit planning zone (D housing site zone), and the district unit planning in the above area allows only the use of a single house with a total floor area of not more than 2 households per parcel.

Nevertheless, on December 2015, the Defendant changed its purpose in a manner that increases the number of households of the first, second and second floors underground by installing a boundary wall, etc. on the above building to seven households in total by installing a boundary wall, etc. on the first and second floors.

Summary of Evidence

1. Statement of witness E in the third public trial protocol;

1. Reporting on investigations of offenses and the results of business trips;

1. Inquiry into and replies to inquiries into the ledger of general buildings, the sources verifying the land use plan, and moving households;

1. Application of the notified statutes;

1. Article 141 Subparag. 3 and Article 54 of the National Land Planning and Utilization Act and the National Land Planning and Utilization Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion that the district unit plan at the time of southyang of this case is invalid

A. The gist of the assertion is that the instant housing site is located is designated as the “Class 1 exclusive residential area” under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”). The district unit plan publicly notified on October 8, 2015 by the Namyang-ju market, as prescribed by the Enforcement Decree of the National Land Planning and Utilization Act, does not allow multiple houses that are allowed to be constructed in Class 1 exclusive residential areas, and the number of households is limited to not more than 2 households at will while allowing the construction of multi-family houses, the construction of which is not allowed. This is not effective as it goes beyond the scope of delegation by superior statutes.

B. Determination 1).