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(영문) 대구지방법원 포항지원 2019.06.13 2018고단1529
국토의계획및이용에관한법률위반
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. In order to change the form and quality of the land, the person who is charged of the instant case shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 2018, filled up soil with a height of 3 to 5 meters on the natural green belt in Nam-gu, Nam-gu, C, D, and E at the end of 2018, and changed the form and quality of land.

2. The land indicated in the facts charged against the change of the Defendant and his/her defense counsel (hereinafter “subject land”) is a stairs-type argument that was completed as the Defendant’s ownership. The Defendant, even though he/she did not own a farmer on the subject land, but did not have a good profit structure, filled up a height of 50 cm high to change the subject land from “deed” to “deed field.”

Therefore, the above banking act constitutes “the alteration of the form and quality of land for farming” as “the exception to cases where permission from the competent authorities should be obtained.”

3. Determination

A. The National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that “shall obtain permission from the competent authority for changing the form and quality of land” (hereinafter “National Land Planning Act”) and provides for exceptions to changing the form and quality of land as prescribed by the Presidential Decree for cultivation.

(Article 56(1)2 of the National Land Planning Act. The Enforcement Decree of the National Land Planning Act provides for the change of the form and quality of the land corresponding to the above exceptions to the change of the form and quality of the land “the change of the form and quality of the land to another place to cultivate crops, to promote the soil productivity and to improve productivity.”

(a) or its soil means “(Standard Korean Language Preliminary).” However, if it affects irrigation, drainage and farming operations of neighboring land, it is accompanied by a change of land category if it is filled by earth and sand, etc. which might cause water pollution or soil contamination, such as recycled aggregate, abandoned soil at the place of business, inorganic sludge, etc.

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