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The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment against the Defendants is published.
Reasons
1. The gist of the grounds for appeal is that Defendant B did not violate the conditions for approval of a project plan, and that Defendant B did not have the authority to manage fences after transferring the right to manage the collective housing to the council of occupants’ representatives. Thus, the instant corrective order is unlawful.
2. Summary of the facts charged in this case and the judgment of the court below
A. The summary of the facts charged 1) Defendant A is a person in charge of overall affairs related to the Nam-gu Seoul Metropolitan City G apartment project implemented by the said company as the executive director of the said company. B obtained approval from the head of the Nam-gu Seoul Metropolitan City, Seoul Metropolitan City, on June 8, 2011, for the said apartment construction project plan, Defendant A was subject to the condition that “the access roads installed on the side of the project site are accessible to nearby residents by providing an information on the invitation of occupants and taking measures to prevent subsequent occupants from blocking the road,” while Defendant A was subject to the condition that “the access roads installed on the side of the project site are accessible to nearby residents by providing an information on the invitation of occupants,” and on November 30, 2012 after the completion of the inspection on the use of the apartment site on September 13, 201
around September 25, 2013, the head of Gwangju Metropolitan City issued a corrective order following a violation of the terms and conditions of the plan for the construction of housing to the effect that “the removal of a temporary fence on the H-ground road and the opening of an apartment boundary fence on the H-ground road so as not to impede residents’ passage,” and that “the corrective order following the violation of the plan for the construction of housing was issued by October 10, 2013.” The Defendant violated the corrective order issued by the head of the Nam-gu Seoul Metropolitan City, Seoul Metropolitan City, despite having received the corrective order issued on September 25, 2013, but did not remove a steel fence installed near the J road and the apartment boundary, and thereby hindering neighboring residents’ passage, including apartment residents, including the residents, by October 10, 2013.2) As a corporation established for housing construction and sales supply business, the Defendant as an employee, and the Defendant’s business at the same time and place as above.