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(영문) 서울북부지방법원 2018.08.23 2018고정990
공익사업을위한토지등의취득및보상에관한법률위반
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of land and building in Seongbuk-gu Seoul Metropolitan Government.

Pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, land owners and other persons who do not include land owners or persons concerned, who are entitled to the land to be expropriated or used or persons who have rights to the goods on such land shall deliver or transfer such land or goods to the project implementer by the commencement date of expropriation or use. The Defendant was obligated to deliver or transfer the said land or buildings to D Housing Redevelopment Development Association by March 10, 2017, which is the project implementer of D Housing Redevelopment Development and Development Project, by the Seoul Special Metropolitan City Local Land Expropriation Committee under the said Act, until March 10, 2017.

Nevertheless, until March 10, 2017, the Defendant did not transfer the above land and buildings to D Housing Redevelopment and Improvement Association.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the letter of authorization for establishment of a partnership for the redevelopment and consolidation of D houses, letter of authorization for project implementation, certificate of all registered matters, original written adjudication (No. 5 times a net) and written adjudication;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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