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(영문) 수원지방법원 2013.08.28 2013고정1659
국토의계획및이용에관한법률위반
Text

Defendant

A A shall be punished by a fine of 300,000 won, by a fine of 500,000 won, and by a fine of 700,000 won.

Reasons

Punishment of the crime

D is the owner of the E 2,11 square meters of land E in Sung-si, which is the urban planning zone prescribed by the National Land Planning and Utilization Act and the agricultural promotion zone prescribed by the Farmland Act; Defendant A is the person who operates the said land in a mutual name with “F”; Defendant C is the person who operates the said land in a mutual name with “G”; Defendant B is the person who operates the said land in a mutual name with “H”.

1. Defendants D leased the amount of 132 square meters (40 square meters) out of the land owned by D via I on January 2006 to Defendant A, and around January 201, the degree of 132 square meters (40 square meters) out of the above land was leased to Defendant C, and around January 201, the degree of 198 square meters (60 square meters) out of the above land was leased to Defendant B.

The Defendants: (a) installed a floor reporting block, floor, and management room, and changed the form and quality of the said land by 253 square meters (2,11 square meters for the Defendants A; 86 square meters for the Defendants C; 92 square meters for the Defendants B; 75 square meters for the Defendants) out of the 2,11 square meters of paddy-owned paddy-

The Defendants were ordered by the head of J branch office to reinstate the said land before changing the form and quality of the land by November 20, 2012, but did not comply with the above order to take measures without justifiable grounds.

2. Defendant C

(a) Any person who intends to divert farmland in violation of the Farmland Act shall obtain permission from the competent authorities, as prescribed by Presidential Decree;

Nevertheless, without permission from the competent authority on January 201, 201, the Defendant diverted the floor floor of 80 square meters of 2,11 square meters owned D, and 12 square meters of 2,11 square meters to the manager.

(b) A person who intends to construct buildings or install structures in violation of the National Land Planning and Utilization Act shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or head of Si/Gun;

Nevertheless, on January 201, the Defendant newly constructed a manager of 12 square meters using a panel and a room on the above land, without permission from the competent authorities.

3. Defendant B

A. The Defendant in violation of the Farmland Act is without permission of the competent authorities, and D. around January 2010.

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