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(영문) 서울서부지방법원 2016.05.26 2015노887

도시및주거환경정비법위반

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the interpretation of the relevant provision of the Act on the Establishment of Urban and Residential Environments (hereinafter “Act on the Establishment of Urban and Residential Environments”), a cooperative member is not a “owner of land, etc.” from the time when the cooperative is established, and only a cooperative member may request the association to peruse or copy relevant data.

As such, the owner of the land is not the owner of the co-owned share, F does not have the right to request perusal or reproduction of the relevant data to the E Housing Reconstruction Improvement Project Association (hereinafter “Union”).

② Article 22(2) of the Enforcement Rule of the Act on the Maintenance and Improvement of Urban Areas does not properly state “the purpose of use” and does not meet the formal requirements for the request for data.

③ The list of attorneys-at-law’s fees requested by J did not exist, and the Defendant responded to the said request by copying the account ledger for legal expenses, such as attorney-at-law fees and litigation costs.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant's authority, the prosecutor applied for changes in the indictment to delete "list and list of attorney fees" in the second sentence of the facts charged in the instant case at the time of the trial. Since the subject of the judgment was changed by this court's permission, the judgment of the court below against the defendant was no longer maintained.

Nevertheless, the Defendant’s assertion of misunderstanding of legal principles or misunderstanding of facts is still subject to the judgment of this court, and the following is examined (Provided, That among the assertion of misunderstanding of legal principles or misunderstanding of facts, the argument was removed from the list of attorneys’ fees subject to the Defendant’s failure to comply with the request for duplication due to changes in the indictment as above, and such assertion is not determined). B. Determination of misunderstanding of legal principles or misunderstanding