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(영문) 부산지방법원 2019.01.09 2018고정1618
공익사업을위한토지등의취득및보상에관한법률위반
Text

1. Defendant A, B, and C are punished by a fine of 200,000 won, Defendant D is punished by a fine of 500,000 won, and Defendant E is punished by a fine of 300,000 won.

Reasons

Punishment of the crime

Any landowner and person concerned shall deliver or transfer the relevant land or goods to a project operator by no later than the commencement date of expropriation or use, which is made under the Act on the Acquisition of Land, etc. for Public Works

1. Defendant A was the co-owner (ownership shares 4/10) of land and above ground buildings, etc. located in the business area of the Housing Redevelopment Improvement Project (hereinafter “instant rearrangement Project”) implemented for the area located in the Busan East-gu G (hereinafter “instant rearrangement Project”); Defendant A, according to the Busan East-gu Regional Land Expropriation Committee’s expropriation ruling (hereinafter “instant expropriation ruling”) on February 20, 2017, on May 4, 2017, did not deliver the said land and buildings to the instant association until the date of commencement of expropriation, even if the expropriation of the said land and buildings began on May 4, 2017.

2. Defendant B is co-owners (ownership shares 3/10) of land and buildings, etc. located in the project zone of the instant rearrangement project, which are located in the Busan East-gu H, Busan-gu H, and the land and buildings, etc. were expropriated on May 4, 2017 according to the instant expropriation ruling, but did not deliver the land and buildings to the instant association by the commencement date of expropriation.

3. Defendant C is co-owners (ownership shares 3/10) of H land and above ground buildings, etc. located within the project zone of the instant rearrangement project, and Defendant C did not deliver the said land and buildings to the instant association by the commencement date of expropriation, even though the expropriation of the said land and buildings, etc. began on May 4, 2017 following the instant expropriation ruling.

4. Defendant D was the owner of the Busan Eastdong-gu I apartment J located in the project area of the instant improvement project, and Defendant D did not deliver the said partitioned building to the instant association until the date of commencement of expropriation, even though the expropriation of the said partitioned building was commenced on May 4, 2017 according to the instant expropriation ruling.

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