The defendant shall be innocent.

1. The Defendant is the landowner B at the time of Namyang-ju.

Where intending to modify matters permitted for change of form and quality of land and permission for development activities, permission shall be obtained from the competent authorities.

On November 2014, the Defendant changed the form and quality of land by allowing C to pack a concrete package on a size of approximately 50 square meters in the area of approximately 50 square meters in Namyang-si, Namyang-si.

2. The alteration of the form and quality of the land under Article 56(1)2 of the National Land Planning and Utilization Act refers to the alteration of the form and quality of the land by cutting, filling, suspending, packing, etc. the form and quality of the land and the reclamation of the public waters (excluding the alteration of the form and quality of the land for farming) as prescribed by Article 51(1)3 of the Enforcement Decree of the same Act (see, e.g., Supreme Court Decision 2012Du24033, Dec. 13, 2012). According to the records, the Defendant’s act is deemed to have altered the form and quality of the land at the request of C, the neighboring landowner, and thus, the Defendant’s act is deemed to have altered the form and quality of the land.

In doing so, Article 53 subparag. 3(b) of the Enforcement Decree of the National Land Planning and Utilization Act provides that “a minor act that does not require permission with respect to cutting, filling, suspending, packing, etc. of land that does not result in a change of land category in an area, other than an urban area, natural environment conservation area, and district unit planning zone, the area of which does not exceed 660 square meters.”

According to the records of this case, the instant land is designated as a “natural green area” under the National Land Planning and Utilization Act as the area of 50 square meters.

However, even though the land category is recognized as “responding”, there is a ditch that has already been made on the lower side of the instant land by concrete U-type, and the instant land is located.