A. 345 square meters among 49-53 square meters, Nowon-gu, Seoul, Seoul, which were owned by Seoul Metropolitan Government, among 49-53 square meters, 642 square meters, 442 square meters (at present, 49-53 square meters, 2,114.4 square meters, which were owned by the defendant) were originally possessed by the Seoul Metropolitan Government, and the Seoul Metropolitan Government announced the new construction of a road under the announcement number 38 of 415-3434 of the Seoul Metropolitan Government Plan on September 10, 1970, and thereafter the defendant manages it as a road.

B. On October 1970, the Plaintiff newly constructed the 1st floor on the 49-55 and the 57-532 lots located on both sides of the road (the Seoul Metropolitan Government, July 9, 1971) and the 49-55 and the 57-53th two lots of land located on both sides, and constructed the 2nd and upper floors by linking the above 3.5 meters above the 3.5 meters above the roads, and installed several street points on both sides of the above 49-53 and leased them to others. Of the above 49-53 land, the Plaintiff was free to use the 1,218 square meters of the entrance of the new road (the 345 square meters of both parts of the 45 square meters and 32 square meters of both sides of the 49-53 square meters above the 345th road (hereinafter referred to as the “instant land”).

C. The Plaintiff, upon completion of the construction of the new village shopping districts, agreed to pay the occupation and use fees for the above 345 square meters, with the permission from the Seoul Special Metropolitan City. However, despite the new construction of the new village shopping districts around October 1970, the Plaintiff occupied and used the above 345 square meters without obtaining the permission to occupy and use the said 345 square meters, and the Seoul Special Metropolitan City shall file a lawsuit against the Plaintiff (see Supreme Court Decision 78Da158, Oct. 1, 1978) to the effect that “the Plaintiff is entitled to recover the amount equivalent to the occupation and use fees for the said 345 square meters from October 1, 1970 to May 31, 1976, by occupying and using the said 345 square meters without any legal grounds.”