1. On April 23, 2015, among the instant lawsuit, a claim for the cancellation of an order to remove the building site B, which was occupied without permission.

Details of the disposition

The Plaintiff is an owner of 490-5/77.5 of 737-5/100 of the instant building, among the land-based Yaule Co., Ltd., and the land-based 59,678 square meters of land (hereinafter referred to as “instant land”) in Taecheon-si Co., Ltd., the instant building site of which is 59,678 square meters of land (hereinafter referred to as “instant building”).

On March 19, 2015, the Defendant issued an order to remove the instant land by April 15, 2015 pursuant to Article 83 of the Public Property and Commodity Management Act, as the Plaintiff and the other co-owners owned the instant land, and the Plaintiff and D occupy the instant land without permission through the ownership of the instant building, and thus, ordered removal of the instant land by April 15, 2015 and, if not, to perform administrative vicarious execution.

(hereinafter referred to as “the First Order of Removal.” On April 13, 2015, the Plaintiff filed an application for purchase of the instant building with the Defendant by disclosing to the Defendant that it would not comply with the Defendant’s order of removal.

On April 23, 2015, the Defendant: (a) removed the instant building by May 20, 2015 pursuant to Article 83 of the Public Property and Commodity Management Act; and (b) issued an order to remove the said building on a deposit basis pursuant to Article 2 of the Administrative Vicarious Execution Act (hereinafter referred to as “the second order to remove and the second order to remove and the second order to dismiss the said building”) to the Plaintiff.

On July 14, 2015, the Plaintiff refused to comply with the order of the second removal and the order of the dismissal of the removal counter execution, and filed the instant administrative litigation.

[Ground of recognition] The building of this case asserted by the plaintiff as to the purport of Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 6 and 7, and the purport of the whole pleadings as to the plaintiff's assertion was constructed on or around April 20, 1983 by Hansung Mining Co., Ltd. (hereinafter " Hansung Mining Co., Ltd.") based on the permission for the use of state-owned land of the Republic of Korea that was the owner of the land of this case. After that, although the land ownership was transferred in sequence to Hancheon-won and E in the Republic of Korea, land owners did not seek

Afterward, the defendant is on November 30, 2005, the above land to E.