부당이득금
1. The defendant shall pay to the plaintiff KRW 21,161,257 and KRW 956,457 among them, from December 27, 2007, KRW 9,856,00.
1. Basic facts
A. The Republic of Korea is the owner of Seodaemun-gu Seoul Metropolitan Government 121-4 and 35.7 square meters (hereinafter “instant real estate”), 121-28 and 37 square meters (hereinafter “instant 2 real estate”), and 121-29 and 68.1 square meters (hereinafter “instant 3 real estate”), and the Plaintiff was entrusted with the management and disposal of State property by the Republic of Korea pursuant to Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act.
B. As the Defendant occupied and used each of the instant real estate, the Plaintiff: (a) around December 11, 2007, paid the indemnity for the portion of the instant real estate occupied without permission in December 26, 2007; (b) around May 13, 2008, the Plaintiff paid the indemnity for the portion of the instant real estate occupied without permission in May 28, 2008; and (c) around December 28, 2009, each notice of imposition of indemnity for the payment of indemnity for the portion of the instant real estate occupied without permission in January 12, 2008 was issued to the Defendant at that time.
C. On March 21, 2012, the Plaintiff, who did not pay the above indemnity, urged the Defendant to pay indemnity for each of the instant real estate again.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including each number), the purport of the whole pleadings
2. The rights of the State, the purpose of which is to provide money, and which are extinguished by prescription, unless it is exercised for five years, unless otherwise prescribed by other Acts and subordinate statutes;
(4) A payment notice given by the State pursuant to Acts and subordinate statutes shall have the effect of interrupting prescription.
Article 72 (Collection of Indemnification) (1) The head of a central government agency, etc. shall collect from an occupant without permission an indemnity equivalent to 120/100 of usage fees or loan charges of the relevant property, as prescribed by Presidential Decree.
(F) the proviso of this paragraph.