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(영문) 의정부지방법원 2018.08.16 2018고정975
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person shall obtain permission from the competent authority to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction.

The Defendant obtained permission for two buildings of the size of 99.18 square meters on land, the category B of which is 9.18 square meters on land, the development restriction zone of which is located within the development restriction zone, as agricultural and fishery warehouses, and two buildings of the size of 297.6 square meters on land, the category C of which is “miscellaneous” and 19.2 square meters on land, as a seed and seedling cultivation place, which is an animal and plant-related facility.

A. Around November 2016, the Defendant extended an extension, change of the purpose of use, and change of form and quality) installed a container of 31.5 square meters in size to be used as a warehouse from the above B, and extended the toilets with a light-scale panel structure of 6 square meters in size.

As a result, the defendant did not obtain permission from the competent authorities and performed an extension of a building within the development restriction zone.

2) Around November 2016, the Defendant changed the use of a building of a size of 249.6 square meters, which was permitted as a seeds and seedlings nursery site in the above C, to a clothes storage warehouse, and changed the use of a building of a size of 150 square meters, into a clothes storage warehouse, and the use of a building of a size of 150 square meters, to an office of 9.6 square meters.

As a result, the defendant did not obtain permission from the competent authorities, and changed the use of buildings within the development restriction zone.

3) Around November 2016, the Defendant changed the form and quality of the land, by removing concrete on a scale of 498.8 square meters in order to use it as a parking lot from the above C, thereby changing the form and quality of the land.

As a result, the Defendant committed an act of changing the form and quality within the development restriction zone without obtaining permission from the competent authorities.

B. On November 2010, the Defendant, who failed to comply with a corrective order, was a warehouse for the storage of clothing, with a building of a size of 99.18 square meters, which was permitted as a storage store for agricultural and fishery products, by building concrete on a size of 98.82 square meters in order to use it as a parking lot.

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