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(영문) 서울동부지방법원 2020.07.22 2020고정459
공익사업을위한토지등의취득및보상에관한법률위반
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

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

1. Defendant A was admitted to the said association on October 15, 2019 in accordance with the Seoul Metropolitan Government Local Land Expropriation Committee’s ruling on March 22, 2019, in order to improve the urban environment implemented by D unions, as the lessee of the store in Gangdong-gu Seoul Metropolitan Government.

Although the Defendant had to deliver or transfer the relevant land or goods to the project implementer by the commencement date of expropriation or use, the said commercial building was not delivered to the D Association, which is the project implementer, by October 15, 2019, which is the commencement date of expropriation of the said public works.

2. Defendant B is the lessee of the store in Gangdong-gu Seoul Metropolitan Government, and the land and buildings in the above commercial building were admitted to the association on March 22, 2019 in accordance with the Seoul Metropolitan City and Local Land Expropriation Committee’s ruling on October 15, 2019.

Although the Defendant had to deliver or transfer the relevant land or goods to the project implementer by the commencement date of expropriation or use, the said commercial building was not delivered to the D Association, which is the project implementer, by October 15, 2019, which is the commencement date of expropriation of the said public works.

Summary of Evidence

1. Defendant B’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement to E by the police;

1. Notice of management and disposal plan for the urban environment rearrangement project and written adjudication of expropriation of the Seoul Special Metropolitan City local Land Tribunal;

1. Application of Acts and subordinate statutes on the statement of deposit and details of compensation;

1. Defendants: Article 95-2 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor; Articles 95-2 and 43 of the Act on the Acquisition of Land, etc. for Public Works and the Selection of Fines

1. Defendants to be detained in a workhouse:

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