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(영문) 서울북부지방법원 2018.04.17 2018고정276
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence against the defendant shall be suspended.

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 Acquisition of and Compensation for Land, etc. for Public Works Projects, owners of land and other persons who do not include landowners or persons concerned, and persons who have rights 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 Redevelopment Development and Development Association, which is the project implementer of D Redevelopment and Development Project, by January 13, 2017, which is the commencement date of expropriation or use by the Seoul Special Metropolitan City Local Land Expropriation Committee under the said Act.

Nevertheless, until January 13, 2017, the Defendant did not transfer the above land and buildings to D 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 to a written ruling, a document of deposit, and a certificate for registration;

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

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (including the fact that the defendant delivers the land and building, and that the union and the union have reached an agreement smoothly);

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