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(영문) 울산지방법원 2018.08.01 2018고정220
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is an E design office employee who is engaged in an application for a building permit and civil engineering work within the development restriction zone, and F is a building owner who has applied for a building permit of a detached house of 630 square meters within the development restriction zone located in Ulsan-gun G, Ulsan-gun, and H is a person who engages in the construction business of real estate brokerage business, buildings, etc. within the development restriction zone.

In a development-restricted zone, construction of buildings, installation of structures, change of the form and quality of land, deforestation of bamboo trees, partition of land, and piling-up of things shall not be performed: Provided, That among buildings to be removed by the execution of public works under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, the act of moving-up of houses, factories, or religious facilities which had existed as at the time of designation of the development-restricted zone and which were not a village district may be performed with permission from the head of the competent Si/Gun/Gu, but the above application for permission can be made only by the housing owner as at the time of removal, and thus, the said application for permission was concluded with the housing owner at the time of removal.

Even if such rights cannot be acquired, such rights cannot be acquired.

Nevertheless, even though a person who actually constructed a building in the forest above was the F, he/she applied for a building permit for a detached house in the development restriction zone under the name of D with a right to a relocation within the development restriction zone, and obtained a building permit in the development restriction zone. The above F, a building owner, provided land purchase funds, the above H vicariously performs the business of purchasing land from the owner of the forest above, and the Defendant conspired to apply for a building permit in a false manner to the public official.

On July 16, 2015, the Defendant is the 2nd floor and 63.65 square meters on the ground with respect to the forest land located in the Dong-gun, Ulsan Metropolitan City, Ulsan Metropolitan City, Ulsan Metropolitan City.

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