logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2015.01.23 2014고정320
국토의계획및이용에관한법률위반
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. The summary of the facts charged is the owner of the E, F, and G forest (hereinafter “H forest”) in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and I is the defendant’s relative living together, who constructs an apartment building in the said H forest.

A person who intends to engage in development activities, such as changing the form and quality of land, shall obtain permission for development activities from the competent authority. However, the Defendant, in collusion with I, divided the said H forest from around June 13, 201 to around June 28 of the same month into three parts, cut approximately 1 to 3 meters, cut about 105 tons, and changed the form and quality of approximately 308 square meters without permission by making a stable with earth and rocks on the cut part.

On March 26, 2013, the Defendant violated the above order to take measures by failing to comply with an order to take measures, despite the Defendant’s receipt of an order to take measures to restore H forest land to its original state by June 30, 2013 under the name of the Boan City Mayor on or around June 30, 2013.

2. The National Land Planning and Utilization Act (hereinafter referred to as the "Act") shall be the Act;

A) In order to punish a person subject to a disposition or an order to take measures under Article 133(1) of the Act in violation of such order, the disposition or order to take measures shall be lawful, and even if such disposition is not null and void, it cannot be deemed a violation of Article 142 of the Act, which is recognized as an illegal disposition (see, e.g., Supreme Court Decision 2006Do6845, Feb. 23, 2007). Meanwhile, in full view of Articles 133(1)5 and 56(1) of the Act, a person who conducts development activities without obtaining permission from the competent administrative agency or engages in development activities differently from the details of the permission, may be ordered to restore the land to its original state. However, according to the accusation, the person subject to an accusation, the report, the request for implementation of an order to take corrective measures without obtaining permission, the order to take corrective measures without permission (see, e.g., each entry and witness testimony of the A, and the Bo Order Mayor, around March 20, 2013.

arrow