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(영문) 의정부지방법원 고양지원 2020.04.23 2019고정1049

공익사업을위한토지등의취득및보상에관한법률위반

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the owner of land, buildings, and roads (hereinafter “instant land, etc.”) in Gyeyang-gu, Seoyang-gu, Seoul, D, and E (hereinafter “instant land, etc.”), and the victim F Area Housing Redevelopment and Improvement Project Association (association president G) is a project implementer who obtained authorization to establish a housing redevelopment project on April 12, 2012 in order to designate the relevant area as a project area and implement the housing redevelopment project due to the deterioration of the housing, etc. in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, the Gyeonggi-gu.

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

On May 27, 2019, the Victim Association received the ruling of expropriation from the Gyeonggi-do Local Land Expropriation Committee (the date of commencement of expropriation) on May 27, 2019, and paid compensation for losses arising from the ruling of expropriation to the persons who accepted the result of the ruling of expropriation from among the owners of the land, etc. on the ruling of expropriation. On July 10, 2019, the Victim Association deposited the compensation amount of KRW 980,915,460 to the court.

Nevertheless, the Defendant did not transfer the instant land, etc. to the Victim Association until July 11, 2019, which was the starting date of expropriation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of statutes, such as a written adjudication;

1. Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor; the selection of fines, Article 43 of the Act on the Acquisition of and Compensation for Land, etc. for Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;