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(영문) 부산지방법원 2019.01.09 2018고정1590
공익사업을위한토지등의취득및보상에관한법률위반
Text

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

2. The defendants did not pay each of the above fines. 100,000 won.

Reasons

Punishment of the crime

Any landowner and person concerned shall deliver or transfer the relevant land or goods to a project operator by no later than the commencement date of expropriation or use, which is made under the Act on the Acquisition of Land, etc. for Public Works

1. Defendant A was the co-owners (ownership shares 1/6) of the land and the ground buildings, etc. located in the project area of the Housing Redevelopment and Improvement Project (hereinafter “instant rearrangement Project”) implemented for the area of the F branch area of the Busan East-gu, Busan-gu, and Defendant A was the co-owners (ownership shares 1/6) within the project area of the Housing Redevelopment and Improvement Project (hereinafter “instant rearrangement Project”); on February 20, 2017, the expropriation of the said land and buildings, etc. was commenced on May 4, 2017 according to the Busan Metropolitan City Regional Land Expropriation Committee’s adjudication of expropriation (hereinafter “instant adjudication of expropriation”), but did not deliver the said land and buildings to the instant association by the commencement date of expropriation.

2. Defendant B was the owner of land and buildings, etc. located within the project zone of the instant rearrangement project, and Defendant B did not deliver the said land and buildings to the instant association by the commencement date of expropriation, even though the expropriation of the said land and buildings, etc. was commenced on May 4, 2017 according to the instant expropriation ruling.

3. Defendant C was the owner of land and buildings, etc. located within the project zone of the instant rearrangement project, and Defendant C did not deliver the said land and buildings to the instant association by the commencement date of expropriation, even though the expropriation of the said land and buildings was commenced on May 4, 2017 according to the instant expropriation ruling.

4. Defendant D was the owner of the land, etc. located within the project zone of the instant rearrangement project, and Defendant D did not transfer the said land to the instant association by the commencement date of expropriation, even though the expropriation of the said land was commenced on May 4, 2017 according to the instant expropriation ruling.

Summary of Evidence

1. Part of the Defendants’ legal statement 2.

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