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(영문) 서울고등법원 2017.01.17 2016누62346
과징금 및 이행강제금 처분취소
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.

Defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is limited to Article 2-2 of the judgment of the court of first instance.

Inasmuch as the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The appellate judgment No. 2-C in the part of the judgment of the first instance.

The paragraphs are as follows:

1) The main text of Article 12(1) of the former Act on the Development Restriction Zones provides that “No building, alteration of the form and quality of land, etc. shall be permitted within a development restriction zone.” Article 12(1) proviso of the same Act provides that “any person who intends to construct a building or build a structure for living and convenience business of residents in a development restriction zone and make changes in the form and quality of land following the construction of a building or building prescribed by Presidential Decree and construction of facilities for living and convenience business of residents in a development restriction zone may do such act after obtaining permission from the head of a Si/Gun/Gu having jurisdiction over the development restriction zone,” and Article 12(4) proviso of the same Act provides that “a minor act prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport may be done without obtaining permission or filing a report, notwithstanding the proviso to paragraph (1) and paragraph (3) of the same Article.” In accordance with the delegation of Article 12(1) proviso of the former Act on the Development Restriction Zones.

Article 13(1) [Attachment Table 1] [Attachment Table 1] 5(b)(5)(v) of the same Act provides that “a building for management use” shall be built as a prefabricated temporary building in order to store farming equipment, fertilizers, etc., and to use them for the purpose of storage, lodging and lodging of a manager, etc.” among facilities for residential convenience and living of residents in development restriction zones under Article 12(1)1(e) of the same Act.

In addition, Article 12. of the former Development Restriction Zone Act.

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