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(영문) 수원지방법원 성남지원 2017.07.18 2017고단251
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment with prison labor for eight months, for six months, for six months, and for four months, for each of the defendants C.

, however, the defendant.

Reasons

Punishment of the crime

1. Defendant A

(a) Any person who intends to 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 within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, from August 12, 2016 to November 30, 2016, the Defendant leased to B a deposit of KRW 50 million, an agricultural product warehouse of KRW 150 square meters in total, a greenhouse of KRW 59.2 square meters in size for general warehouse, two Dongs of KRW 159.2 square meters in size for general warehouse (main building No. 1 and 2), and leased to C a deposit of KRW 20 million in total, and KRW 20 million in number for rent of KRW 29.25 square meters in size for general warehouse without obtaining permission from the competent authority.

Accordingly, the defendant changed the use of the building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

(b) Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authority, shall comply with an order issued by the competent authority to suspend construction, or to remove, close, rebuild or relocate buildings, structures, etc., or to take other necessary measures with regard to such order,

1) On May 9, 2016, the Defendant changed the purpose of use to a warehouse by extending 2 meters of a greenhouse of 898.45 square meters from the Seoul metropolitan market to 2 meters from the panel, and changed the use to a warehouse. The Defendant changed the form and quality of concrete into a warehouse on 898.45 square meters prior to the 898.45 square meters, changed the use of agricultural products of 150 square meters to a warehouse, and changed the use of an agricultural product of 299.25 square meters to a warehouse. The Defendant issued a corrective order to reinstate the greenhouse of 299.25 square meters until May 31, 2016, but did not comply with the corrective order.

2) On September 13, 2016, the Defendant extended two greenhouses of 898.45 square meters from the subordinate market to two meters from the board of teams, and changed the purpose of use to the warehouse. The Defendant changed the form and quality of concrete into the warehouse on 898.45 square meters prior to the 898.45 square meters, and changed the form and quality of concrete into 150 square meters.

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