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(영문) 수원지방법원안양지원 2020.11.26 2020고단1531
공익사업을위한토지등의취득및보상에관한법률위반
Text

The sentence of each sentence shall be suspended against the Defendants.

Reasons

Punishment of the crime

1. On May 24, 2016, D Housing Redevelopment and Rearrangement Project Association was established with the authorization of the Gyeyang market (hereinafter “instant association”) on February 28, 2019 for the purpose of housing redevelopment improvement project with the size of 109,869 square meters of KRW 109,869 in the Gu E-gu in Ansan-si, and acquired the authorization for the implementation of housing redevelopment improvement project on January 15, 202, and the right to use and profit from the land and buildings within the said project implementation district upon the approval for the management and disposal plan issued on January 15, 2020.

On the other hand, Defendant A: (a) during the period of Ansan-si, within the said project implementation district; (b) Defendant B was the owner of the G ground building in Ansan-si, located within the said project implementation district; and (c) Defendant C was the owner of the said H ground building in Ansan-si, located within the said project implementation district, and was selected as a cash liquidation subject because he did not file an application for parcelling-out within the period of application for parcelling-out publicly notified by the instant association; (c) on April 13, 2020, on May 28, 2020, the expropriation date of the said building was decided by the Gyeonggi-do local Land Tribunal on May 28, 2020; and (d) the instant association deposited the compensation for losses determined by the expropriation ruling with the Defendants as the beneficiary on May

2. Criminal facts, landowners and persons concerned, and other persons holding a right to the land to be expropriated or used or goods thereon who are not landowners or persons concerned shall deliver or transfer such land or goods to the project operator by no later than the commencement date of expropriation or use.

Defendant

A In May 2020, the Defendant was notified by the Gyeonggi-do Regional Land Tribunal of the written ruling of acceptance that the date of expropriation will be May 28, 2020 at the Defendant’s house located in the Gu F during Ansan-si, and was notified by the instant union of the deposit of compensation for the decision of acceptance, the Defendant did not deliver the Defendant’s house located in the Gu F during Gyeyang-si, a project operator, to the instant association.

B. Defendant B.

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