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(영문) 의정부지방법원 고양지원 2020.04.21 2020고정79
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of 300,000 won.

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 C's father of the 1st floor of the building in Gyeyang-gu, Yangyang-gu, who actually manages the said building, and the D Housing Redevelopment and Improvement Project Association (association President E) is a project implementer who has obtained authorization for the establishment of the association from the Goyang-gu, 2012, in order to implement the housing redevelopment project by designating the whole area of the area as the project zone for the reason of deterioration of the housing, such as the housing of the same Gu F, etc.

Any landowner or person concerned, or any other person holding a right to the land to be expropriated or used or goods thereon, who is not included in the landowner or person concerned, shall deliver or transfer the relevant land or goods to the project operator by no later than the commencement

AD Housing Redevelopment and Improvement Project Association received the ruling of expropriation on May 27, 2019 from the Gyeonggi-do Local Land Expropriation Committee (the date of commencement of expropriation on July 11, 2019), and as a result of the ruling of expropriation among the landowners, etc., paid compensation for the relevant building after consultation with the land owners, and deposited the compensation amounting to KRW 876,048,00 according to the ruling of expropriation on July 10, 2019 to the Defendant who was dissatisfied with the result of the ruling of expropriation.

However, until July 11, 2019, the expropriation commencement date, the defendant did not deliver the building to the D Housing Redevelopment Development Project Association.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A complaint;

1. Investigation report (a statement by the complainant);

1. Application of statutes, such as a written adjudication;

1. Article 95-2 and Article 43 of the Act on the Acquisition of Land, etc. for Public Works Projects and the Compensation Therefor for Criminal Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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