1. Of the judgment of the court of first instance, the part of the alternative enforcement and the part of the claim for indirect compulsory performance is revoked.

1. With respect to the legitimacy of the suit of this case concerning alternative enforcement and indirect compulsory performance, the part of the suit of this case on the ground of the defendant's obligation to remove facilities on the ground of this case (the corresponding part of paragraphs 1-b and 2-b of the above claim) and the part of the suit of indirect compulsory performance against non-performance of obligation to remove facilities on the ground of this case (the corresponding part of paragraphs 1-c and 2-b of the above claim), it seems that the above part of the suit of this case seeks indirect compulsory performance against the defendant's non-performance of obligation to remove and non-performance of obligation to remove (or non-performance of order) under the premise that the plaintiff is awarded a favorable judgment on the part of the suit of this case. It seems that it is based on the latter part of Article 389(2) and (3) of the Civil Act, and Articles 260 and 261 of the Civil Execution Act.

However, the indirect compulsory performance against the nonperformance of the obligation to act as a substitute, such as the removal obligation, and the non-performance of the obligation to act as a substitute for the obligee, after obtaining the enforcement title such as a judgment ordering the obligee to act as a substitute for the obligee and the obligation to act as an omission, shall meet certain requirements and obtain a decision of authorization by a separate application. It is not allowed to seek an indirect compulsory performance against the nonperformance of the obligation to act as a substitute for the obligor and the nonperformance of the obligation

If the enforcement title is established in light of the time of closing argument in the adjudication procedure, if there are circumstances, such as cases where it is evident that the debtor has no possibility of arbitrarily discharging his/her obligation, etc., the decision of indirect compulsory performance may also be made in the adjudication procedure, but see, e.g., Supreme Court Decision 2013Da50367, Nov. 28, 2013. In this case, the enforcement title regarding the primary claim for removal of appellant is not established as seen earlier. However, even