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(영문) 부산지방법원 2016.10.13 2015고단8846

개발제한구역의지정및관리에관한특별조치법위반

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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is a person who owns Gangseo-gu Busan, which was designated as a development restriction zone C and D.

Defendant without obtaining permission from the head of Gangseo-gu Busan.

A. On April 2013, a building is constructed with a container on the ground of approximately 18 square meters of the above DD and the provisional building is built on the ground of a residential facility;

B. A building is constructed by installing pipe lines on the ground of approximately 19.2 square meter area at the same time and place;

(c) construct a building by installing pipe lines on the ground of approximately 10.5 square meters of a site at the same time and place;

(d) install a building by installing a pipeline facility on the ground area of approximately 22 square meters at the same time and place;

E. On April 2014, around C around 13.4m2, a building was constructed by establishing a panel office on the ground area of approximately 13.44m2.

2. Determination

A. The evidence submitted by the prosecutor to determine the facts charged alone is insufficient to prove the fact that the defendant constructed a building on each of the above real estate, such as a provisional building, workplace, kitchen, office, etc., and there is no other evidence to prove it otherwise.

B. ex officio determination of the prosecutor's application for changes in indictment, this court examines the legality of the application for changes in indictment filed by the prosecutor.

On the 6th day of this court, the prosecutor: “The Defendant used the State-owned land by letting E and F load the equipment, such as the water and machinery, on the ground of approximately 29.7 square meters on the land of Gangseo-gu, Busan, which is a development restriction zone and the State-owned land from April 2013 to September 2015; ② from April 2014 to September 2015, the State-owned land, which is a development restriction zone and the State-owned land, use the State-owned land by having G install a sales panel office without permission, and use the said state-owned land by allowing G to use it.”