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(영문) 의정부지방법원 2018.10.23 2018노229
국토의계획및이용에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts as to violation of the National Land Planning and Utilization Act and misunderstanding of the legal principles)

A. Article 54 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) provides that “A person who constructs a building, alters its use, or installs a structure in a district-unit planning zone shall comply with the district-unit plan.” Article 141(3) of the same Act provides that “A person who constructs a building or alters its use in breach of the district-unit plan in violation of Article 54 shall be punished.”

The term "construction" of a building under the above provision means, in principle, falling under Article 2 (1) 8 of the Building Act (referring to new construction, extension, remodeling, reconstruction, or relocation of a building), and even if such construction is extended and interpreted to the maximum extent possible, it shall be deemed that it falls under the substantial repair of a building under Article 2 (1) 9 (referring to repairing, altering, or expanding the structure or external form of columns, beams, bearing walls, main stairs of a building, which is prescribed by Presidential Decree).

However, it is clear that the defendant's act stated in this part of the facts charged "the extension of the boundary wall to the existing detached house" and it does not constitute a new house construction (new construction). Since the defendant's act does not constitute any extension, reconstruction, reconstruction, or large-scale repair, the defendant's act constitutes an act of "construction of a building" as stipulated in Article 54 of the National Land Planning Act.

shall not be deemed to exist.

B. The notification of the South-North Jeju City allowed the construction of a multi-family house but only allows the construction of up to two households per parcel. It is unlawful that the Enforcement Decree of the National Land Planning Act, which is a higher law, exceeds the scope of a multi-family house to 19 households, and restricts the number of households without any ground.

In particular, an offender is punished for a violation of public notice.

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