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(영문) 서울남부지방법원 2018.03.07 2017고단3190
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

In the event that the Defendants did not pay each fine, 100.

Reasons

Punishment of the crime

Defendant

B The land category in Gangseo-gu Seoul Metropolitan Government E 2,919 square meters, F 4,013 square meters, which is a development restriction zone, is the owner of the land that is the former land, and Defendant A is the person who leases the above land from Defendant B and operates “G parking lot”.

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 obtaining permission from the competent authority in a zone subject to development restriction.

1. Defendant B, without obtaining permission from the competent authority around April 2015, built a vinyl house, which is a building with an area of 90 square meters in which electric facilities and groundwater facilities are installed, for the purpose of using it as a lodging room and a resting room on the land of the above E, a development restriction zone, without obtaining permission from the competent authority.

As a result, Defendant B constructed a building without obtaining permission from the competent authorities in the development restriction zone.

2. On November 20, 2016, Defendants B, who committed the joint crime, received deposit of KRW 20 million from Defendant A, and KRW 7 million per month, and leased the above E and F land to Defendant A as a parking lot.

Defendant

A, on November 20, 2016, from around December 20, 2016 to around December 20, 2016, the form and quality of land was changed by using a stop with 20cc thickness of 20cc square meters and a middle-class roller on each of the above land, and one portable toilet was installed on the above land on December 1, 2016.

As a result, the Defendants conspired to change the form and quality of land and installed structures in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Land register;

1. Application of statutes on a copy of a real estate lease agreement;

1. Article relevant to facts constituting an offense and subparagraph A of the option of punishment: The Act on Special Measures for Designation and Management of Development Restriction Zones;

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