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(영문) 수원지방법원 성남지원 2017.08.30 2017고단1623
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the owner of the G land and its ground buildings in the Hanam-si, the development restriction zone, and Defendant B is the owner of the G land and its ground buildings in the Hanam-si, and around November 2012, Defendant B is the person who leased the above G land and one livestock shed from the above A and operates the I while occupying the H in the Hanam-si.

1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, store articles, etc. without permission in a zone where the joint crime development of the Defendants is restricted;

A. Around November 2012, Defendant A provided support to Defendant B with the cost of KRW 5 million with the knowledge that Defendant B installed a container to use it as a parking lot in Hanam-si, which is a development-restricted zone, and around that time, Defendant B provided without obtaining permission for the use of the container as a parking lot, and changed the form and quality of the container with respect to the site of KRW 577.51 square meters in the above G.

B. On November 2012, Defendant A leased a ground building (752m2) for stable use located in Seonam-si, Seoul Special Metropolitan City, which is a development restriction zone, under the condition that he would receive KRW 10 million per month, while Defendant B used the above ground building for storage of food materials. At that time, Defendant B did not obtain permission, and changed the purpose of use of it for storage of food materials.

2. Defendant B

A. The Defendant, without obtaining permission on November 2012, 2012, extended the storage and cooling facilities of a steel pipe tank of 179.41 square meters in Hanam-si, a development restriction zone, and newly built a container office of a size of 54 square meters in the said G and H.

2) The Defendant, without obtaining permission from around April 2013, extended the warehouse of 190.4 square meters in Hanam-si, Hanam-si, and H, a development restriction zone.

3) On November 201, 2013, the Defendant, without obtaining permission from the Plaintiff, installed a warehouse of a size of 80 square meters in Hanam-si, Hanam-si, which is a development restriction zone.

(b) Failure to comply with a corrective order; 1) demolition, closure, reconstruction or relocation of buildings, structures, etc. from the competent authorities; or other necessary matters.

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