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(영문) 서울북부지방법원 2018.03.29 2018고정23 (1)
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

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

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 the C District Housing Redevelopment Association until March 10, 2017, which is the project implementer of the Seoul Metropolitan Government Local Land Expropriation Committee under the above Act, by March 10, 2017, the commencement date of expropriation or use.

Nevertheless, until March 10, 2017, the Defendant did not transfer the above land and buildings to the redevelopment and rearrangement cooperative of housing in the C district.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. A certificate fully registered in real estate;

1. A written ruling;

1. A certificate of deposit in money;

1. A fact certificate;

1. A notice following a ruling on expropriation and the completion of deposit;

1. Application of the maximum Acts and subordinate statutes;

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 of the suspended sentence (including the fact that the defendant delivers the land and buildings in this case to the union, and that the union and the union have reached an agreement smoothly);

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