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(영문) 의정부지방법원 2016.11.25 2016고단4208
주택법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A’s violation of the Housing Act

(a) Any person who intends to implement a construction project of collective housing with not less than 20 households related to the F shall submit an application for approval of a project plan to the competent authority which is the person entitled to approve the project, along with a plot plan of housing, its incidental facilities and welfare facilities, and design drawings and specifications

When constructing 103 households of “F” multi-family housing in the Republic of Korea, Namyang-si, G, etc., the Defendant divided one land subject to multi-family housing into several parcels in order to avoid the above approval of the project plan and obtain easy permission, instead of obtaining an individual building permit, and intended to transfer the divided land into the name of the land owner and construct a building with less than 20 households for each land owner.

On September 2, 2013, the Defendant: (a) registered ownership transfer in the name of H; (b) obtained a building permit; and (c) obtained approval for use; and (d) registered ownership transfer in the name of 10 land owners in the land equivalent to 14 parcels partitioned as shown in the attached Table 1, as shown in the attached Table 1, and (c) obtained a building permit, and (d) implemented the multi-family housing with 103 households of 10 Dong-dong with the approval for use.

Accordingly, the defendant carried out the apartment housing project with 20 or more households without obtaining approval of the project plan.

(b) Any person who intends to implement a construction project of at least 20 households related I shall submit an application for approval of a project plan to the competent authority which has the authority to approve the project, accompanied by the plot plan of housing, incidental facilities and welfare facilities, and design drawings and specifications for site preparation works, etc.

When the Defendant constructed 36 units of “I” multi-family housing in the Namyang-si, Namyang-si, J, etc., the Defendant is one in order to avoid the above approval of the business plan and instead to obtain large profits by obtaining an individual building permit easy to permit.

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