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(영문) 의정부지방법원 2018.12.19 2018고단4259

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A and Defendant B shall be punished by a fine of one million won, and Defendant C shall be punished by a fine of two million won.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A is the owner of land D in Southyang-si.

Any person who intends to construct, extend, change the form and quality of a building within a zone subject to development restriction shall obtain permission from the competent authority.

Nevertheless, in around 2003, the Defendant newly constructed a steel pipe structure (around 20 square meters) and a container structure ( around 45 square meters), and a residential facility and an office of the panel structure ( around 7.0 square meters) on the said land. In around 2012, a warehouse of the steel pipe structure ( around 70.0 square meters, about 56.0 square meters, respectively) was newly built, around 2016, a warehouse of the steel pipe structure ( around 18.0 square meters) was newly built, and installed structures, such as a modern system ( around 27.0 square meters) by putting a concrete on the said land.

On March 8, 2018, the Defendant received a corrective order under the name of the head of the F in order to voluntarily recover from the original state within 30 days on the violation of the Act in the said development restriction zone at the residential area of Pyeongtaek-gun, Gyeonggi-si, the Defendant did not comply with the order without justifiable grounds.

2. Defendant B is the owner of G land at the Namyang-si.

Any person who intends to construct, extend, change the form and quality of a building within a zone subject to development restriction shall obtain permission from the competent authority.

Nevertheless, in around 2003, the Defendant newly constructed a housing facility of a steel pipe structure (around 60.0 square meters) on the above land, and changed the form and quality by removing concrete and miscellaneous stones on June 2016.

On March 3, 2018, the Defendant received a corrective order under the name of the F Director in order to voluntarily restore the said development restriction zone to its original state within 30 days from the place of residence located in the Namyang-si, Namyang-si. However, the Defendant did not comply with the said corrective order without justifiable grounds.

3. Defendant C is a person who runs a recycling business under the mutual name of “I”, and the Defendant is a person who runs a recycling business under the name of “I,” and the Defendant is in G at the south-si, Namyang-si, Inc.