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(영문) 창원지방법원 2021.01.28 2020노1672
도시및주거환경정비법위반등
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant is not subject to perusal or reproduction pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas”).

B. The punishment sentenced by the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the fine of five hundred thousand won) is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts 1) Article 81(1) of the former Act on Non-Act on Non-Act of Urban Planning provides that "the chairperson of the promotion committee or the project implementer (in the case of a partnership, referring to its representative where the owner, including the executive officers, or the land owner, etc., of the partnership or the urban environmental improvement project, including the liquidator, independently implement the project) shall make public the following documents and related data concerning the implementation of the rearrangement project, within 15 days after the documents and related data are prepared or modified, so that the members, land owners, or tenants can know them," and Article 81(6) provides that "where the documents and related data concerning the implementation of the rearrangement project including the documents under paragraph (1) and the following documents and related data are requested by the owner, the chairperson of the promotion committee or the project implementer shall comply with such request within 15 days:

In such cases, the expenses incurred in duplication shall be borne by the claimant within the scope of actual expenses.

In addition, the provisions of Articles 81 (Disclosure, Preservation, etc. of Related Documents) and 86 (Penal Provisions) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents have various powers, such as representing the association and operating enormous business funds, etc. by the executives of the association established by the owners of the land, etc. for the purpose of implementing the rearrangement project.

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