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(영문) 대전지방법원홍성지원 2020.12.22 2020고정157
국토의계획및이용에관한법률위반
Text

The defendant shall disclose the summary of the judgment of innocence.

Reasons

Summary of Facts charged

1. The defendant from March 2019 to March 1, 2019 without obtaining permission for development activities at the time of Boan Order.

6. up to April 1, 200, a person engaged in development activities without permission, such as raising approximately 840 square meters of land B at a height of 2-3.6 meters.

2. On October 21, 2019, the Defendant received an order to restore the viewing to the original state for the above unauthorized development activities, but without justifiable grounds, written “2019” in the indictment on October 21, 2020 shall be deemed to have been written ex officio since it appears to have been written in writing.

2. 4. The failure to comply with this.

Judgment

Article 56 (1) 2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that even if a change in the form and quality of land is made, the change in the form and quality of land prescribed by Presidential Decree is unnecessary. Article 51 (2) of the Enforcement Decree of the National Land Planning Act, which is the Presidential Decree, means a change in the form and quality of land, which does not fall under any of the following subparagraphs, by means of a change in the form and quality of land for cultivating crops, cultivating farmland, improving the geographical strength and improving productivity, and installing pumping and drainage facilities on the land on which creation has been completed:

"" is defined as ".

The instant land was used as farmland that was used as dry field or orchard before the land category was filled up as dry field, the paddy field or orchard, and the Defendant stated to the effect that “the Defendant filled up the instant land to improve the productivity of farmland, such as entry into and exit from agricultural machinery, convenience in harvesting, etc.” The evidence opposed thereto is insufficient.

In light of such factual basis, it is highly probable that the instant banking act does not require permission due to the change in the form and quality of land for farming as stipulated in Article 56 subparag. 12 of the National Land Planning and Utilization Act and Article 51(2) of the Enforcement Decree

Nevertheless, in order to recognize the necessity of the permission for the instant banking act, the Enforcement Decree of the National Land Planning Act in this case.

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