1. The defendant attached to the plaintiff

1. Removal from obstacles to the entries;

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

3...

1. Facts of recognition;

A. On September 22, 2017, the Osan City approved the implementation plan of the urban planning facility project (D; hereinafter “instant project”) publicly notified by Osan City, and simultaneously designated and publicly notified the Plaintiff as the project implementer of the instant project. On April 17, 2018, Osan City publicly notified E, and on July 20, 2018, approved the modification of the implementation plan to change the scale of the project area of each of the instant project to the F, Osan City publicly notified on July 20, 2018.

B. The protocol of obstacles attached to each of the above notifications is annexed to the defendant owner.

1. The entry obstacles (hereinafter “instant obstacles”) are included therein.

C. On July 24, 2018, the Plaintiff filed an application for adjudication with the competent local Land Tribunal on the following grounds: (a) the Plaintiff and the Defendant agreed on compensation for the instant obstacles; (b) the Plaintiff did not reach an agreement.

On January 14, 2019, the Gyeonggi-do Local Land Tribunal rendered a ruling on the commencement date of expropriation (transfer) on February 28, 2019 to calculate the compensation for the transfer of the obstacles of this case at the price of the objects, not the transfer cost, pursuant to the proviso of Article 75(1)1 and 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

E. On February 26, 2019, the Plaintiff deposited the compensation according to the instant adjudication in the future of the Defendant.

However, the debtor occupies the obstacles of this case until the date of closing argument of this case where the commencement date of confinement was set.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 12; Gap evidence Nos. 1, 2, 2, and 11; the purport of the whole pleadings

2. Determination

(a) If a project operator compensates for an obstacle that interferes with the implementation of a project at the price of an article in accordance with the proviso to Article 75(1)2 of the Land Compensation Act, the project operator does not undergo the expropriation procedure different from subparagraph 3 acquiring the article: