2. The costs of the lawsuit are assessed against the defendant.

3...

A. The Plaintiff is an association established for the purpose of implementing an urban development project A to create a residential complex in Pyeongtaek-si C, according to the replotting method under the Urban Development Act (hereinafter “instant urban development project”).

B. The Defendant owns and occupies the list obstacles (hereinafter “instant obstacles”) attached Form 1, located on the ground of Pyeongtaek-si D 1, 971m2, E 1013m2, F-13m2, and F-1316m2 (hereinafter “instant land”), located on the ground.

C. On September 30, 2009, the Plaintiff obtained authorization of an implementation plan from the Gyeonggi-do Governor with respect to the instant urban development project, and obtained authorization of the implementation plan on December 21, 2015, and obtained authorization of a land substitution plan from the head of Pyeongtaek-si on April 15, 2016. On April 18, 2016, the Plaintiff completed the designation and public notice of land substitution as to the land within the instant urban development project zone, including the instant land.

The Plaintiff filed an application with the competent local Land Tribunal of Gyeonggi-do for the adjudication of compensation for losses, in order to hold a consultation on compensation for losses on the instant obstacles with the Defendant, but no agreement was reached. On October 30, 2017, the competent local Land Tribunal of Gyeonggi-do rendered the adjudication of compensation for losses on December 14, 2017, the date of commencing the relocation and removal of the Defendant’s compensation for losses.

E. On December 12, 2017, the Plaintiff deposited the same on the ground that the Defendant refused to receive the aforementioned compensation for losses.

F. On February 7, 2018, the head of Pyeongtaek-si permitted the Plaintiff to move and remove obstacles, the compensation for which was completed pursuant to Article 65 of the Urban Development Act, on condition that Article 38 of the Urban Development Act should be complied with.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17, purport of the whole pleadings

2. Where deemed necessary under Article 38 (1) of the Urban Development Act, an implementer of an urban development project may relocate or remove buildings, etc. in an urban development zone, and there is any person who occupies buildings, etc., such relocation or removal;