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(영문) 의정부지방법원 고양지원 2020.05.29 2019고정971
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 the owner of land and building B in Gyeyang-gu, Soyang-gu.

Any landowner and person concerned under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and other persons who do not include landowners or persons concerned, and have rights to the land to be expropriated or used or things thereon shall deliver or transfer such land or things to the project operator

Nevertheless, the Defendant did not deliver the above land and buildings until July 11, 2019, which is the starting date of expropriation, to the association, even though C Housing Redevelopment and Improvement Project Association was ordered to expropriate on May 27, 2019 by the Gyeonggi-do Local Land Expropriation Committee and deposited in the court full amount of compensation for expropriation by July 10, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A complaint;

1. Application of the written ruling and cash deposit Acts and subordinate statutes;

1. Subparagraph 2 of Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor concerning facts constituting an offense;

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

1. According to the evidence adopted and investigated by the court for conviction under Article 62(1) of the Criminal Act, it is recognized that CHousing Redevelopment and Improvement Project Association deposited KRW 885,158,280 to the defendant as compensation following a ruling of expropriation on July 10, 2019, and the defendant did not transfer the above land and buildings to the above union until now. Thus, it is determined that the violation of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, such as the criminal facts in the judgment of the defendant, is established. This is determined as follows: (i) The reason for the defendant's assertion [the reason for the violation of the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Residents, such as the defendant and C Housing Redevelopment and Improvement Project

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