The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, Article 76(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 71(1)1 of the Enforcement Decree of the same Act, construction of “multi-household housing” is allowed in a residential area exclusively used for Class 1, and even in the case of “multi-household housing,” even if construction can be permitted to up to 19 households, the Namyang-si Market may construct up to 19 households by means of district unit planning (No. 2015-256 of the notification at Namyang-si, Seoul-si, Seoul-si, which was designated as a Class 1 residential area exclusively used for Class 1 (hereinafter “instant notification”) and restricting the construction of “multi-household housing” to two households is null and void as it goes beyond the scope of delegation by higher statutes and is prohibited as a new establishment without any ground.

The lower court omitted the judgment on the foregoing argument.

(2) The lower court, as a matter of course, omitted or neglected the application of Article 71(3) of the Enforcement Decree of the National Land Planning Act (amended by Presidential Decree No. 23502, Jan. 6, 2012) that ought to be naturally applied to the instant case.

(3) The limitation of the instant public notice, which is a subordinate statute, of the act permissible pursuant to Article 76(1) of the National Land Planning Act and Article 71(1) of the Enforcement Decree of the same Act, is a violation of statutoryism.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. (1) Determination of the assertion of misapprehension of the legal doctrine is made on the instant housing located in the area designated as D in the Class 1 exclusive residential area under the National Land Planning Act, and the relevant site is designated as a district unit planning zone for a site for a detached house under the “D Urban Management Plan” at the Namyang-si, Namyang-si.

On October 8, 2015, the Namyang-ju Mayor shall use a building permitted in the site of a detached house according to the said district unit plan as the instant announcement from the detached house of one household per parcel (excluding multi-user houses, and underground floors are excluded from residential usage).