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(영문) 의정부지방법원 2017.11.09 2016고정2034
국토의계획및이용에관한법률위반
Text

The defendant shall be innocent.

Reasons

1. A project operator shall not construct a building, alter the purpose of use, install a structure, change the form and quality of land, etc., and the Mayor/Do Governor or the head of a Si/Gun/Gu may suspend construction, rebuild or relocate a structure, etc., make other necessary dispositions or order the relevant actor to take other necessary measures, and the relevant actor shall comply with the order to take necessary measures.

The Defendant, in collusion with the above C, installed structures, such as a natural stone shed, etc. on the above land, in collusion with the above C, who had obtained permission for development activities under the above C’s name as a site for farmland, on the land owned by Defendant C, which is located outside B and 2.

On January 29, 2013, the Defendant issued an order to take measures to install structures, such as the above natural stone axis, at the 1037 Nam-si, Namyang-si, Namyang-si, Namyang-si, the Defendant violated the order to take measures by failing to comply with the order on March 4, 2013, despite the Defendant’s receipt of an order to take measures that “a natural stone shed (268m2, 3.8m2, 70.6m2, a height of 268m2, 3.8m2, a length of 70.6m2), which is a structure installed in the Namyang-si, Namyang-si, Namyang-si,

Accordingly, the Defendant conspiredd with C to violate the order to take measures in the South-North Sea Market.

2. Article 133(1) of the National Land Planning and Utilization Act provides that "the Minister of Construction and Transportation, a Mayor/Do Governor, or the head of a Si/Gun/Gu may revoke permission, authorization, etc., suspend construction, remodel or relocate a structure, etc., or take other necessary measures or order any person falling under any of the following subparagraphs to take other measures or measures," and Article 142 of the same Act provides that "a person who violates a disposition or order to take other measures, such as cancellation of permission, authorization, etc., suspension of construction, reconstruction or relocation of a structure, etc., under Article 133(1)."

Examining the above provisions, it is subject to the disposition or order of action under Article 133(1) of the Act.

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