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(영문) 부산지방법원 서부지원 2019.03.28 2018고정997
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells Busan Gangseo-gu and C land to D, and D is a real owner who constructed a building under the name of E with a permit for relocation to the Gangseo-gu Busan Metropolitan Government B land, and constructed a building under the name of F with a permit for relocation to the Gangseo-gu Busan Metropolitan Government C land.

Any person shall obtain permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to construct buildings, change the purpose of use of buildings, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles in a development restriction zone and not obtain such permission by fraudulent

However, D, even though it is aware that it does not permit a new construction in its name in the green belt area, purchased another person's right to interest and granted a new construction permit in its name, and purchased the right to interest of B, C, E, and F in Busan Gangseo-gu, which is the co-owned of the defendant, G in the green belt area, and the defendant, G's joint ownership.

D receives a “written consent to use the site,” stating that there is no objection to obtaining a building permit on one’s own land from Defendant and G, and delegated it to a certified architect H who is well aware of the said situation, including matters concerning the building permit, on July 22, 2014, as if E and F respectively were to build a new building in their respective names, they received a building permit application from the head of Gangseo-gu Office on August 7, 2014 and obtained a relocation permit from the head of Gangseo-gu Office.

On July 7, 2014, the Defendant sold D’s land located in Green belt area to D with the knowledge that D obtained a permit for relocation by unlawful means using another’s name, and made D’s crime easy by means of preparing written consent to use the site necessary for obtaining a permit for relocation around July 2014.

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