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(영문) 수원지방법원 성남지원 2016.05.12 2016고단280
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 5,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the owner of the land and the building on the land in the Hanam-si, which is the development restriction zone, and the defendant B is the person who leases and uses the above one of the above C-ground greenhouse from A.

1. Defendant A

(a) Any person who intends to construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, etc. in an area subject to development restriction, such as without permission within the development restriction zone, shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authorities around October 2014, laid down concrete of a size of 1,312 square meters on the above C floor without obtaining permission from the competent authorities, replaced the plastic structural wall of a greenhouse of a size of 658.5 square meters on that ground to the board structure, used it as a warehouse, and extended the toilet of a size of 4.5 square meters.

(b) The head of a Si/Gun/Gu who fails to comply with a corrective order may take necessary measures, such as removal of buildings, where unauthorized construction, alteration to form and quality, etc. are discovered without permission from the competent authorities, and the person so ordered shall comply therewith.

Nevertheless, the Defendant was issued a corrective order to reinstate the same illegal act as described in the foregoing paragraph from the Hanam market at around November 28, 2014, around February 11, 2015, and on three occasions around July 20, 2015, even if it was ordered to reinstate the same illegal act as described in the foregoing paragraph from the Hanam market until December 30, 2014, until March 10, 2015, and August 20, 2015.

2. Defendant B

(a) Any person who intends to construct buildings, change the use of buildings, install structures, change the form and quality of land, cut bamboo and trees, etc. in an area subject to development restriction, such as unauthorized use of buildings within a development restriction zone, shall obtain permission from the competent authority;

Nevertheless, around October 15, 2014, the Defendant leased, under the condition that deposit KRW 50,000,000 and monthly rent of KRW 500,000,000 from A, one greenhouse of the size of 358.5 square meters above C above was used as a warehouse without obtaining permission from the competent administrative agency from November 2015.

(b) a corrective order;

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