1. The instant lawsuit shall be dismissed.

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

1. From September 22, 1975, the Plaintiff asserted that he/she resided in Chuncheon City B, C, and D ground temporary buildings, 1 Dong-ro, 2 Dong-type toilets, 1 Dong-type toilets, and 1 water tank facilities (hereinafter “instant facilities”). From September 22, 1975, the Defendant carried out vicarious removal of the instant facilities on November 4, 2014 through several guidances.

However, since the Plaintiff’s possession of the instant facilities is lawful as well as the surrender or eviction of the building cannot be subject to vicarious administrative execution, the illegality of the said vicarious administrative execution is serious and clear, so the Plaintiff’s possession of the instant facilities is sought nullification, and the Defendant must restore all of the living tools destroyed by the said vicarious administrative execution to its original state.

2. Judgment on the defendant's main defense

A. Since the Defendant had already completed the removal of vicarious administrative execution on the instant facilities in relation to the part on the claim to nullify the invalidity of vicarious administrative execution, the instant lawsuit does not have the interest in litigation and the lawsuit seeking a certain disposition on the omission of an administrative agency as above in relation to the part on the claim to reinstate is unlawful and unlawful under the current Administrative Litigation Act.

B. Determination 1) In the event that the execution of the vicarious execution based on the extension of the right to request the confirmation of the invalidity of the vicarious administrative execution is already completed, there is no legal interest in seeking the confirmation or revocation of the extension or the execution of the vicarious execution itself (see, e.g., Supreme Court Decision 95Nu2623, Jul. 28, 1995). According to the written evidence Nos. 1 through 10, the Defendant issued an order for the removal of the said facilities seven times from January 20, 2010 to May 2, 2014 to the Plaintiff who is the owner of the facilities, with respect to the instant facilities installed on the Chuncheon City B, C, and D’s State property, and the removal of the said facilities by proxy on June 9, 2014, and the removal of the said facilities by proxy was carried out on November 4, 2014.