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(영문) 서울북부지방법원 2017.08.17 2017고정429
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, a state-owned land, occupies three floors of Seongbuk-gu Seoul E without permission and operates the "F church" on the ground of 18,725 square meters and 95 square meters of Seongbuk-gu Seoul Metropolitan Government river, Seongbuk-gu, Seoul.

G Housing Redevelopment Development and Improvement Project Association, including the above building site, has decided to accept the compensation for business losses of the church operated by the defendant as KRW 5,505,000 on August 14, 2015 and accordingly, on July 30, 2015, the G Housing Redevelopment and Improvement Project Association received the approval of the implementation of the project on July 2, 2009, respectively, and agreed on the expropriation, etc. of the above building on February 24, 2015, and applied for the adjudication of expropriation to the Seoul Metropolitan Government Local Land Expropriation Committee, which did not reach an agreement. The Seoul Metropolitan Government Local Land Expropriation Committee set the commencement date of expropriation or use as of June 26, 2015 to the effect that the compensation for business losses of the church operated by the defendant is set at KRW 5,505,00,000.

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.

Nevertheless, even though the defendant was served with the original adjudication on June 26, 2015, the defendant did not receive the above compensation and did not deliver the above building and site to the above union until August 14, 2015, which was the date of commencement of expropriation and use.

Summary of Evidence

1. The first police statement made to I;

1. Investigation report (Attachment to a written decision for delivery of a building between a suspect A and a cooperative);

1. Investigation report (verification of details of the progress of administrative litigation), investigation report (Dismissal of a petition of appeal filed by a suspect against administrative litigation);

1. A copy of the management and disposal plan authorization.

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