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(영문) 부산지방법원 동부지원 2017.04.27 2017고정67
국토의계획및이용에관한법률위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. A person who intends to engage in development activities not more than twice in Busan Metropolitan City, Gun G, or H two times shall obtain permission from the captain-gun;

However, from May 17, 2015 to December 2015, the Defendant, without any separate permission from the number of plane captain-gun, accumulated a stone shed with a height of 4 meters, and performed development activities by using concrete on the area corresponding to 2 meters in width, 45 meters in length, and 90 square meters in total area on the area corresponding to 90 square meters in size.

2. Determination:

(a) A person who intends to engage in any of the following activities prescribed by Presidential Decree (hereinafter referred to as "development activities") under Article 56 of the National Land Planning and Utilization Act (hereinafter referred to as "permission for development activities") shall obtain permission for the development activities from the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Metropolitan Autonomous City Mayor, a branch office of a Special Self-Governing Province, the head of a Si, or the head of a Gun (hereinafter referred to

Provided, That this shall not apply to acts performed under an urban or Gun planning project.

1. [Omission]

2. Changing the form and quality of land (excluding changing the form and quality of land prescribed by Presidential Decree for farming);

3. Above

5. [Omission] and (3) [Omission] (4] Any of the following acts may be conducted without obtaining permission for development activities, notwithstanding paragraph (1):

Provided, That where emergency measures under subparagraph 1 are taken, a report shall be filed with the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province branch, Si or Gun within one month

1. Emergency measures for disaster restoration or disaster control;

2. [Omission]

3. [Omission]

B. According to the evidence duly examined by the court, the Defendant 1, from May 17, 2015, he stored a stone shed with a height of 4 meters on the side of the entrance road within the plane of the captain-gun G and H two parts of the H, and repair the access road with concrete on the part corresponding to the size of 2m, 45m, and 90m in total area (hereinafter “the instant construction part”).

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