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(영문) 인천지방법원 2017.08.25 2017고단4850
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and by imprisonment of 4 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles without permission from the competent authority.

Defendant

B is the owner of the land and the above ground buildings in Gyeyang-gu Incheon, and the defendant A is the lessee who leased the above building from the defendant B around September 30, 2016.

1. Defendant A

A. On November 2016, the Defendant increased the area of 93.1 square meters in a dunes structure into a dunes structure, in order to operate the furniture store inside the building on the surface of 498.7 square meters constructed on the Incheon Gyeyang-gu D, Incheon, which is a development restriction zone without permission from the competent authority.

B. The Defendant in violation of the corrective order was ordered by the head of Gyeyang-gu Incheon Metropolitan City, to correct the above building with the purport that “the land on which a structure is installed without permission is restored to its original state” as follows, but did not comply with it within the period.

1) On February 20, 2017, the Defendant did not comply with the corrective order to reinstate the original state by March 20, 2017.

2) On March 22, 2017, the Defendant received a corrective order to reinstate the original state by April 10, 2017, but failed to comply with it within the period.

2. Defendant B

A. From September 20, 2016, the Defendant changed the use of a building to a household logistics warehouse, the Defendant leased and used a building of 498.7m2, which was constructed for growing mushroom on the ground of Gyeyang-gu Incheon, Gyeyang-gu, Incheon, the development restriction zone without permission from the competent authority.

B. The Defendant in violation of the corrective order, without permission from the competent authority around November 2016, owns a building extended as described in paragraph 1-A in Gyeyang-gu Incheon Metropolitan City D, a development restriction zone without permission from the head of Gyeyang-gu Incheon Metropolitan City, for the following reasons:

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