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(영문) 의정부지방법원 고양지원 2020.05.07 2019고정1007
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The Defendant is the owner of the land and housing located in Gyeyang-gu Seoul Metropolitan City (hereinafter “instant land and housing”), and CHousing Redevelopment and Improvement Project Association (association president D) is a project implementer who obtained authorization for the establishment of a housing redevelopment project on April 12, 2012 in order to implement the housing redevelopment project by designating the whole area as the project zone for the reason of deterioration of the housing, such as E, etc.

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

C Housing Redevelopment and Rearrangement Project Association received the ruling of expropriation on May 27, 2019 from the Gyeonggi-do Local Land Expropriation Committee (the date of commencement of expropriation on July 11, 2019), and paid compensation for losses due to the adjudication of expropriation among the landowners, etc., and deposited the compensation amount of KRW 797,310,450 in the court around July 10, 2019 for the defendant who was dissatisfied with the decision of expropriation.

However, until July 11, 2019, the date of expropriation commencement, the Defendant did not transfer the instant land and housing to C Housing Redevelopment Project Association.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Copy of the statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to the Dong general list, written ruling and cash deposit;

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. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The land and the house of this case by agreement between the union of Article 59 (1) of the Criminal Code and the suspended sentence.

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