1. The part of the lawsuit of this case concerning the removal claim and the part concerning the indirect compulsory performance shall be dismissed.

2. The plaintiff's use and benefit.

1. Facts of recognition;

A. The Plaintiff related to the parties is an association established with the purpose of an urban development project for the area of 560,887 square meters in Pyeongtaek-si E, Ilwon pursuant to the Urban Development Act (hereinafter “instant urban development project”). The Plaintiff is the implementer of the instant urban development project, which is the association established with the owners of the relevant land as its members. The Defendant is the attached Table located on the land in Pyeongtaek-si Co., Ltd. 595 square meters in the instant urban development project district, and on the ground

1. It is the installation and possessor of obstacles to the entry in the list (hereinafter “instant obstacles”).

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 to establish the association for the instant urban development project from the head of Pyeongtaek-si on March 20, 209. After obtaining authorization for an implementation plan from the Governor of the Gyeonggi-do on January 29, 2010, obtaining authorization for a land substitution plan from the head of Pyeongtaek-si on September 29, 2017. On October 12, 2017, the date of entry into force as to 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 for the instant obstacles at KRW 66,940,240, but did not reach an agreement. On August 27, 2018, the Gyeonggi-do Regional Land Expropriation Committee applied for the adjudication of compensation for losses to the local Land Expropriation Committee. On August 27, 2018, the Gyeonggi-do Land Expropriation Committee rendered the adjudication of expropriation of the Defendant’s compensation amounting to KRW 68,274,590.

[Reasons for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, entry of Gap evidence 1-1 to Gap evidence 9 (including each number), and purport of whole pleadings]

2. The main point of the Plaintiff’s assertion is ① the installation and possessor of obstacles in the instant urban development project zone, and the Defendant is obligated to suspend use and profit-making under Article 37 of the Urban Development Act. (2) If the Pyeongtaek-si head grants permission pursuant to Article 38 of the same Act, it shall be obstructed.