분묘굴이방해금지
1. The defendant shall transfer and remove the graveyard and obstacles in the annexed sheet No. 1 and the obstacles list.
1. Facts of recognition;
A. Under the Urban Development Act, the pertinent Plaintiff owned and occupied the graveyard No. 1, No. 5 of the annexed Table 1 and No. 2-4 of the annexed Table No. 1 and the annexed Table No. 5 of the annexed Table No. 1 and the annexed Table No. 2-4 of the annexed Table No. 8774 square meters on the land located within the instant urban development project zone, and owned and occupied the land with obstacles to the instant development project for the purpose of an urban development project on the land of no. 560,887 square meters in Pyeongtaek-si C (hereinafter “instant urban development project”).
B. The progress of the instant urban development project and the Plaintiff were designated as the project implementer on April 6, 2009 after obtaining authorization for establishment from the head of Pyeongtaek-si on March 20, 2009 with respect to the instant urban development project; thereafter, after obtaining authorization from the Governor of the Gyeonggi-do on January 29, 2010, obtained authorization for a land substitution plan from the head of Pyeongtaek-si on September 29, 2017 after obtaining authorization for an implementation plan on several occasions; and around October 12, 2017, the effective date of the land within the instant urban development project, including the instant land, was designated and publicly announced as a planned land substitution as of November 2, 2017.
On February 27, 2018, the Plaintiff agreed with the Defendant to compensate for losses on the instant obstacles, but did not reach an agreement, filed an application for adjudication of compensation for losses with the competent local Land Tribunal on or around August 27, 2018. The Gyeonggi-do Local Land Tribunal rendered adjudication of expropriation on or around August 27, 2018. The Plaintiff deposited the instant obstacles according to its final decision.
After December 3, 2018, the head of Pyeongtaek-si permitted the Plaintiff to move and remove obstacles, the compensation of which has been completed pursuant to Article 65 of the Urban Development Act, on condition that Article 38 of the Urban Development Act should be complied with.
Grounds for recognition: Facts that there is no dispute between the parties or do not clearly dispute, and evidence Nos. 1 to 13 respectively.