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(영문) 수원지방법원 2018.10.19 2018노2607
주택법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants were engaged in a business on their own land and did not jointly implement a construction project of collective housing with 30 or more households. However, the lower court determined that the Defendants conspired to mislead the Defendants of the fact and not obtain approval of the business plan.

The wrong determination was made.

B. The lower court’s punishment against the illegal Defendants (a fine of KRW 4 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) A person who intends to implement a construction project of multi-family housing with at least 30 households out of a summary of the facts charged shall submit an application for approval of a project plan to the competent authority as a person who has human rights for business succession along with a plot plan of houses, incidental facilities and welfare facilities, and design drawings and specifications for

The Defendants, along with E, intended to construct 11 units of housing in E, E, E, E, E, E, and E, E, E, E, E, and 9 units of housing in E, E, E, E, E, E, and, without obtaining approval for the aforementioned business plan, intended to divide one unit of housing into several parcels of land, and then to construct housing without obtaining a construction permit by using a method of constructing a building with less than 30 households for each nominal owner by relocating each unit of land divided into several parcels of land.

According to the above public offering, Defendant D registered the transfer of ownership in the name of Leecheon-si and obtained a building permit from the building department of Leecheon-si to less than 30 households on December 21, 2015, and obtained approval for the use of the land, and Defendant D registered the transfer of ownership in the name of each of the Defendants and obtained a building permit of less than 30 households for each of the Defendants, as shown in the list of crimes attached to the lower judgment, and implemented the construction project of multi-family housing of 99 households, including the following:

Accordingly, the Defendants conspired with E.

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