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(영문) 부산지방법원 2018.08.17 2018고정990
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant

A, D, E, F, and G shall be punished by a fine of KRW 300,00,00, Defendant B, and C, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

The owners of land, persons concerned, and other persons who do not include landowners or persons concerned in accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall transfer or transfer the land or goods to be expropriated or used to the project implementer by no later than the commencement date of expropriation or use.

The Defendants were the owners of the land, etc. located in the redevelopment and rearrangement project district of the "J Redevelopment and Improvement Project Association" of the Busan East-gu I.

1. Although Defendant A’s land, etc. located within the redevelopment and improvement project zone of the pertinent housing redevelopment and improvement project, which was owned by the Defendant, was commenced on May 4, 2017 according to the decision of the expropriation committee of the Busan Metropolitan City Local Land Expropriation Committee on February 20, 2017, Defendant A did not transfer the said land to the J redevelopment and improvement project association, which is the project implementer, by the commencement date of the expropriation.

2. Defendant B did not transfer the land, etc. owned by the Defendant within the redevelopment and improvement project zone of the pertinent housing redevelopment and improvement project zone to J redevelopment and improvement project partnership, which is the project implementer, by the date of commencement of expropriation, even though the expropriation was commenced on May 4, 2017 according to the decision of the expropriation committee of the Busan Metropolitan City Local Land Expropriation Committee on February 20, 2017.

3. Although Defendant D’s land, etc. located within the redevelopment and improvement project zone of the pertinent housing redevelopment and improvement project, which was owned by the Defendant, was expropriated on May 4, 2017 according to the decision of the expropriation committee of the Busan Metropolitan City Local Land Expropriation Committee on February 20, 2017, the land, etc. was not transferred to J redevelopment and improvement project partnership, which is the project implementer, by the commencement date of the expropriation.

4. Defendant C’s land, etc. owned by the Defendant located within the redevelopment and improvement project zone of the pertinent housing redevelopment and improvement project zone was expropriated on February 20, 2017 by the expropriation decision of the expropriation committee of the Busan Metropolitan City Local Land Expropriation Committee. However, the expropriation was commenced on May 4, 2017.

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