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(영문) 서울서부지방법원 2018.06.01 2017고정1145
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of KRW 500,000.

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 obstacles in Mapo-gu Seoul Metropolitan Government.

The owners of land, persons concerned, and other persons who do not include landowners or persons concerned, but hold rights to the land to be expropriated or used or goods thereon shall deliver or transfer such land or goods to the project executor by no later than the commencement date of expropriation or use.

The Defendant deposited KRW 138,428,550 of the compensation for losses on the land in Mapo-gu Seoul District Court, Seoul, which was owned by the Defendant on August 9, 2016 by the Seoul Metropolitan City Land Expropriation Committee on June 24, 2016, with Seoul Western District Court on deposit of KRW 138,428,550 of the compensation for losses on the land in Mapo-gu, Seoul District Court on August 9, 2016 and completed the procedures for compensating for losses on the land for public works, the Defendant did not deliver the said land and obstacles to the D Housing Redevelopment Improvement Project Association, which is the project executor, until August 12, 2016, the commencement date of expropriation without justifiable grounds.

Summary of Evidence

1. The part concerning witness E in the third public trial protocol;

1. A written adjudication on land expropriation, mail delivery certificate, each deposit certificate, public notice form for authorization for project implementation, and public notice form for authorization for management and disposal;

1. Application of statutes governing certified copies of real estate registers;

1. Article 95-2 subparagraph 2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (Selection of Penalty Surcharge) concerning facts constituting an offense;

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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