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(영문) 수원지방법원 2014.06.12 2013고정3501
국토의계획및이용에관한법률위반
Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A is a self-employed person, Defendant B is a representative director of C, and Defendant C is a corporation established for the purpose of real estate development, real estate sale and sales by proxy.

Parties who intend to transfer or establish ownership of land in a permitted area shall jointly obtain permission from the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, on April 10, 2012, Defendant A and B entered into a sales contract for the transfer of F land to C Co., Ltd. from the office of C Co., Ltd to the ownership of C Co. without the permission of the competent authority.

B. Defendant C Co., Ltd., at the time and place specified in paragraph (1), committed the above violation in relation to the Defendant’s business.

2. The act of entering into a contract for land, etc. without any land transaction permission, which is punished for violating the National Land Planning and Utilization Act, refers to an act of excluding or evading a land transaction permission prescribed in the National Land Planning and Utilization Act from the beginning, and the act of entering into a contract on the premise that a permission is to be granted does not constitute an act of entering into a contract under

(2) In full view of the following circumstances, Defendant A and B entered into on April 10, 2012, the terms and conditions of the instant sales contract, which were acknowledged by the instant case’s return to the instant case and the instant case’s records, namely, the following: (a) indicated that “the seller shall actively cooperate for granting land transaction permission (approval through development authorization)” in the column for the special terms and conditions of the instant sales contract that was entered into by Defendant A and B on April 10, 2012; and (b) thereafter, Defendant A and B submitted an application for permission for the land transaction contract of the instant sales contract to the Sungsung Broadcasting on August 7, 2012; and (c) obtained permission for the land transaction contract from the Sungsung Market on August 8, 2012.

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