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(영문) 의정부지방법원 2018.06.25 2018노128
국토의계획및이용에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal (misunderstanding of legal principles) ① Article 71(3) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) was newly established, and the Enforcement Decree of the same Act [Attachment 2] through [Attachment 22] may restrict the type, use, size, etc. of buildings by municipal ordinance of the Si/Gun with respect to buildings which are not provided for in the attached Table 22], but they are limited. ② According to Article 76(1) of the same Act and Article 71(1)1 of the Enforcement Decree of the same Act, Article 76(1) of the same Act and Article 71(1)1 of the same Act of the same Act, construction of “multi-class housing” in the residential area exclusively for Class 1 is not prohibited, and thus, it goes beyond the scope of public notice under Article 71(1) of the Enforcement Decree of the same Act, which prohibits the establishment of a new multi-class housing area for Class 1 under the same Act, and thus, goes beyond the scope of public notice under the same Act.

Nevertheless, the judgment of the court below that the defendant's alteration of the single house in the first-class exclusive residential area into multiple houses constitutes a violation of the National Land Planning Act is erroneous in the misapprehension of legal principles.

2. Determination

A. In the instant notice, the lower court limited the number of households to not more than two households, taking into account Article 76(1) of the National Land Planning Act and Article 71(1) of the Enforcement Decree of the same Act, taking into account the following factors: (a) of the National Land Planning Act and Article 76(1) of the Enforcement Decree of the same Act in order to secure the purpose of the designation of the housing site development zone and the function of the relevant zone in

Even if there is no violation of a superior statute or a violation of a reasonable discretionary scope, the instant notice, which is a district unit plan, shall not be deemed null and void.

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