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(영문) 의정부지방법원 2018.11.22 2018고정1305
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a de facto owner of C, which is a de facto marital area, and is a person who actually manages the land of 234 square meters in a warehouse site in Namyang-si, Gyeonggi-do, the development restriction area and the water source protection area, and the land of 895 square meters in E-U.S. and the land of 1.75 square meters in that two lots of land, and has disposed of the ownership of the said two lots of land and land to another land through the real estate exchange around October 2017.

One building is a building approved for use on April 23, 2015 with permission for new construction as a warehouse for agricultural products after consultation on farmland conversion.

Any person who intends to engage in an act, such as the restriction zone on development, change of use of buildings, change of the form and quality of land, etc. in a water-source protection area shall obtain permission from the competent authority for development activities, and any person who intends to divert farmland shall obtain permission from the competent authority for diversion of farmland, and where he/she intends to use land used for the purpose of diversion of farmland for other purposes within five years

1. Around June 2015, the Defendant, without obtaining permission for each of the above development activities, permission for diversion of farmland, and approval for alteration of the use thereof, installed and packaged concrete for the purpose of housing sites, access roads, etc. in the area of 100 square meters above the ground of the said two parcels.

As a result, the Defendant changed the form and quality of land in a development-restricted zone and a water source protection zone, and, at the same time, used the corresponding part of the above E-water source among the above 100 square meters of farmland, and used the corresponding part of the remaining warehouse site used for farmland conversion business after consultation on farmland diversion for other purposes.

2. The Defendant did not obtain permission for each of the above development activities and approval for the change of the use thereof, and used one of the buildings above the general steel-frame structure permitted for the purpose of storing agricultural products from June 2015 to October 2017 for the purpose of storing agricultural products for detached houses, changing the purpose of use of the building in the development-restricted zone and water source protection zone, and simultaneously divert farmland.

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