1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff was the owner of Kimpo-si D and E land (hereinafter “instant land”); Defendant B was the Director General of the F Bureau of Kimpo-si; Defendant C was a public official who served as the director of Kimpo-si G and the director of Kimpo-si.

B. The Kimpo-si attempted to consult with the Plaintiff to acquire and compensate the instant land owned by the Plaintiff for the H confirmation and packing construction project, which is a public service project, but did not reach an agreement, applied for adjudication to the Gyeonggi-do Local Land Tribunal.

C. On March 23, 2015, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of the instant land under Article 34 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). Kimpo-si intended to pay compensation to the Plaintiff, but the Plaintiff refused to receive the compensation, and the Plaintiff deposited KRW 76,258,000 of the compensation on May 7, 2015 as the Busan District Court Branch Decision 1198 in 2015.

The Kimpo-si completed the registration of ownership transfer on July 29, 2015 on the instant land on May 7, 2015.

E. On June 18, 2015, Kimpo-si found that there was an omission in compensation for the damage caused by obstacles, such as landscaping stone, trees, stairs erosion, and entrance and exit side trees on the instant land (hereinafter “in the instant obstacles”), and requested the Plaintiff to hold a consultation on compensation for the obstacles.

Accordingly, on July 1, 2015, the Plaintiff demanded direct transfer or transplant of obstacles to the instant case, and the Defendant refused the Plaintiff’s request by notifying the Plaintiff that the project implementer would compensate the transfer cost or the price of goods under the Public Works Act would not accept the transfer or transplant of obstacles.

F. On August 7, 2015, the Plaintiff filed a lawsuit against Kimpo-si seeking removal of the obstacles of this case (hereinafter “instant prior lawsuit”) with the Incheon District Court Branch Decision 2015Gahap1931, and the said lawsuit was filed.