1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Details of the disposition

The Defendant is a project implementer of C Housing Site Development Project (hereinafter “instant project”), which is a public announcement of the Ministry of Land, Transport and Maritime Affairs on December 31, 2008, D, April 5, 2012, E, the Ministry of Land, Transport and Maritime Affairs announced on December 24, 2012, G, the Ministry of Land, Transport and Maritime Affairs announced on April 29, 2013, H, the Ministry of Land, Infrastructure and Transport announced on September 25, 2014, and hereinafter “instant project”), and the Plaintiffs are related parties of I, a park cemetery operated by J in the instant project and K (hereinafter “each of the instant graves”).

On November 21, 2013, the Defendant acquired ownership of the land in which each of the instant graves is located through a ruling of expropriation, and thereafter filed an application for adjudication to expropriate each of the instant graves, etc. with the Plaintiffs on several occasions, but failed to voluntarily relocate each of the instant graves, despite their request for relocation.

On March 24, 2016, the Central Land Tribunal rendered a ruling of expropriation of KRW 4,612,00, and compensation for losses for Plaintiff B’s graves and other obstacles at KRW 3,732,00, and the Defendant deposited each of the above compensation for losses on May 11, 2016, with the Plaintiffs as the depositee.

The plaintiffs did not move to each of the instant graves even after the date of commencement of confinement. On June 30, 2016, the defendant voluntarily moved to the Plaintiffs each of the instant graves until August 31, 2016, and then ordered the first step to the effect that "if it is not implemented within the designated date, it is expected to execute the vicarious administrative execution". The second step to the same effect as August 5, 2016, and the second step to the same effect as the second step to the end of October 15, 2016, respectively.

Nevertheless, the Plaintiffs did not voluntarily remove each of the instant graves. On September 11, 2017, the Defendant issued a writ of vicarious execution with the estimated cost of vicarious execution amounting to KRW 2.5 million from October 16, 2017 to November 15, 2017, respectively, to the Plaintiffs.

(c).