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 relevant Plaintiff is an implementer of the instant urban development project with the purpose of conducting an urban development project for the area of 560,887 square meters of Pyeongtaek-si D Ilwon pursuant to the Urban Development Act (hereinafter “instant urban development project”). The Defendant is an implementer of the instant urban development project with the owners of the relevant land as its members pursuant to the relevant urban development project, and is located on the land located on the land located on the land located on Pyeongtaek-si C&729 square meters

1. A person who leases and occupies and uses 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 and the Defendant agreed on the compensation for losses with compensation of KRW 51,215,000 for the instant obstacles, but did not reach an agreement, filed an application for the adjudication on compensation for losses with the Gyeonggi-do Regional Land Tribunal around February 27, 2018. The Gyeonggi-do Local Land Tribunal decided the amount of compensation for the Defendant at KRW 55,305,00.

[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 10 (including each number), and purport of whole pleadings]

2. The summary of the Plaintiff’s assertion is ① the Defendant is the installation and occupant of obstacles in the instant urban development project zone, and is obligated to suspend use and profit-making under Article 37 of the Urban Development Act, and ② the Defendant is obligated to transfer or remove obstacles upon permission by the head of Pyeongtaek-si under Article 38 of the same Act.