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(영문) 대전지방법원 2018.04.27 2017고정539
도시및주거환경정비법위반
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged shall be the chairperson of the Daejeon Dong-gu Promotion Committee for the Establishment of Partnership in the Housing Reconstruction Improvement Project Zone.

Where the chairperson of a promotion committee or the implementer of a project requests perusal or reproduction of documents and related materials concerning the implementation of a rearrangement project by a cooperative member, landowner, etc., he/she shall comply with such request within 15 days.

Nevertheless, on August 2016, the Defendant requested perusal of the documents at the office of the committee for the promotion of the establishment of the said association in the Dong-gu Daejeon-gu D2, Daejeon-gu, by female employees E. However, the Defendant did not comply with the request for perusal of the documents without any justifiable reason even after being delivered two copies of the written request for perusal, which requested perusal by three persons, such as F, etc., the landowner of the land in the C-building improvement project zone, such as F, etc., the list of the members present at the residents’ meeting, the minutes of the resident’s meeting, the signature resolution letter and the signature resolution letter, the eight-9 promotion minutes, the sixth promotion minutes, and the written resolution letter.

However, in light of the following circumstances acknowledged through each evidence duly adopted and investigated in this Court, the evidence produced by the prosecutor alone was proved to the extent that the Defendant was obligated to comply with the request for reproduction of documents and that the Defendant violated this provision was proven to the extent that there was no reasonable doubt.

It is difficult to see, and there is no other evidence to prove it.

Article 81(6) of the former Act on the Maintenance and Improvement of Urban Areas and Residential Environments (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Areas and Dwelling Conditions Act”) provides that where a person who owns a cooperative member, land, etc. requests perusal or reproduction of documents and related materials concerning the implementation of a rearrangement project, the chairperson of the Promotion Committee or the project implementer shall comply with such request within 15 days.

“......”

However, Article 7 (7) of the same Act does not provide that "the claimant under paragraph 6 shall not use documents and materials provided for any purpose other than the intended purpose."

“,” the Enforcement Rule of the former Act on the Maintenance and Improvement of Urban Areas ( February 9, 2018).

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