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(영문) 의정부지방법원 2017.12.14 2016고정910

국토의계획및이용에관한법률위반등

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 detached house building with the floor area of C 236.24m2 above the 2nd floor area in Namyang-si, the building of Class 1 district unit planning zone (D housing site zone), and the district unit planning in the above area allows only the use as a detached house of not more than 2 households per parcel.

Nevertheless, on October 2015, the Defendant changed the purpose of the building to increase the 118.12 square meters per household of 118.12 square meters and 118.12 square meters per 2nd household of 118.12 square meters in total to 6 households with three households each, by installing a boundary wall, etc. on the building in the middle of 2015.

Summary of Evidence

1. To state each part of the witness E and F in the fourth public trial record;

1. A report on business trip results and an investigation report on offenses;

1. Perusal of land utilization plans, building ledgers, current status of buildings, and relocation household perusal;

1. Application of the Acts and subordinate statutes publicly notified to South Korea;

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, which is allowed to be constructed in the Class 1 exclusive residential area, limits the number of households to not more than 2 households at will while allowing the construction of multi-family houses, the construction of which is not allowed, as well as the construction of multi-family houses to not more than 3 households at will.