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(영문) 의정부지방법원 2018.01.04 2017고정776

국토의계획및이용에관한법률위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant is a Class 1 district unit planning zone within a C district, and is a building owner who obtained permission for detached housing with a total floor area of 209.82 square meters, 209.82 square meters on land and 1 household in Namyang-si, which is an exclusive residential area for Class 1, and obtained approval for the use of the said building on August 31, 2015.

1. Where the sum of the floor areas in violation of the Building Act is extended by not more than 85§³, a report shall be filed with the competent authority;

However, on October 2015, the Defendant, without reporting to the competent authorities, extended the boiler room with a size of 2.4 square meters by using the assembly-type panel on the said detached house.

2. Where a person intends to construct a building, alter its use, or install a structure in a district unit planning zone in violation of the National Land Planning and Utilization Act, he/she shall comply with such district unit planning;

The above place is an exclusive residential area for Class 1 among the district unit planning zones, and it can be constructed only by a single house of not more than 2 households by the public notice of Namyang-si.

However, the Defendant stated that the facts charged in the indictment for changing the purpose of use of a building that fails to comply with the district unit plan by expanding the boundary walls at the time and place specified in paragraph (1) to a house of six households. However, in light of the progress of litigation, etc., the Defendant’s correction ex officio is made on the grounds that it does not put any substantial disadvantage

was made.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the police statement made to E;

1. Details of investigation reports on illegal acts, reports on the results of business trips, and perusal of relocating households;

1. Current status of general building ledgers and buildings;

1. Application of Acts and subordinate statutes to the investigation report (the details of electric use);

1. Article 11 subparag. 1 and Article 14 subparag. 1 of the former Building Act (amended by Act No. 14016, Feb. 3, 2016); Article 141 subparag. 3 and Article 54 of the National Land Planning and Utilization Act (amended by Act No. 14016, Feb. 3, 201); and Article 141 subparag. 3 and Article 54 of the National Land Planning and Utilization Act (amended by Act No. 1401, Feb. 3, 2016; “Public Notice at Yangyang-si,” which is the superior law.