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(영문) 의정부지방법원 고양지원 2020.04.24 2019고정1014
공익사업을위한토지등의취득및보상에관한법률위반
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually resides with 1/5 of the shares in the B apartment C in Yangyang-si, and the D Zone Housing Redevelopment Development and Improvement Project Association (the president E) is a project implementer who has obtained approval for the establishment of a partnership from the Yangyang-si market on April 12, 2012 in order to designate the whole area as the project area, and implement the redevelopment project due to the deterioration of the D Zone F large Housing, etc. in Gyeyang-gu, Gyeyang-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

After receiving the ruling of expropriation from the Gyeonggi-do Local Land Expropriation Committee on May 27, 2019 (the date of commencement of expropriation on July 11, 2019), the above association made a payment of compensation for losses due to the adjudication of expropriation through consultation with the persons who accepted the result of the adjudication of expropriation among the landowners, such as the land, etc.

On July 10, 2019, the above union deposited 41,362,060 won for the defendant who was dissatisfied with the decision of expropriation, and 165,57,300 won for G, the husband of the defendant and the owner of 4/5 of the share in the above apartment.

Nevertheless, the defendant did not deliver the above building and land to the above partnership until July 11, 2019, which is the starting date of expropriation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a written ruling and a written deposit of money;

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won;

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