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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
가. 원고는 이 사건 토지에 대한 점유사용허가를 받지 아니하고, 위 토지 중 별지 도면 표시 ㅋ 부분(이하 ‘이 사건 부지’라고 한다)에 건물 147㎡(이하 ‘이 사건 건물’이라고 한다)를 소유하여 ‘C’이라는 상호로 음식점 영업을 하고 있다.
B. Accordingly, on April 23, 2013, the Defendant requested the Plaintiff to voluntarily remove the instant building, and the Plaintiff failed to remove it, on September 3, 2013, the Defendant issued a prior notice of imposition of indemnities under Article 94 of the Road Act to the Plaintiff on the ground that “In the event there is an objection, the Plaintiff sent a prior notice of imposition of indemnities to the State property occupied and used by the team, and submitted the written objection, and the period for filing the objection expires.”
C. On March 28, 2014, the Defendant issued to the Plaintiff a disposition to notify the Plaintiff of the vicarious execution with the content that “I request for voluntary removal by June 30, 2013 with respect to the instant building on the river B (road, 7,698 square meters) and the illegal buildings owned by the Boan-si, Boan-si (Road, 7,698 square meters) and Boan-si, and that I refused to comply with the request by June 30, 2013. As we would inevitably proceed with the vicarious execution procedure for the instant building on the national highway 36, which is the office of administration, to send a letter of vicarious execution by May 31, 2014.
On June 20, 2014, the Plaintiff did not comply with the foregoing order, and on June 30, 2014, the Defendant notified the Plaintiff of the warrant of vicarious execution with the amount of KRW 10:00 on June 30, 2014, the date of vicarious execution D, the cost of vicarious execution, KRW 80,000.
(2) The following facts: (a) No dispute exists; (b) evidence Nos. 1 and 2; (c) evidence Nos. 11-1, 2, 3; and (c) evidence Nos. 12-1, 11-2, 12; and (d) evidence Nos. 9; and (c) the purport of the entire pleadings and arguments;
2. Related Acts and subordinate statutes: It shall be as shown in Appendix;
3. Whether each of the dispositions of this case is legitimate
A. The plaintiff's assertion.