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1. The Defendant’s disposition of imposing indemnity against the Plaintiff on September 25, 2014 exceeds KRW 22,056,060.
Reasons
1. Details of the disposition;
A. From around September 1973, the Plaintiff occupied and used 40m2 (hereinafter “instant State-owned land”) in Yangyang-gun, Gyeonggi-gun, which is a State-owned land.
B. On September 25, 2014, the Defendant imposed an indemnity of KRW 29,371,510 on the Plaintiff on the ground that the Plaintiff occupied and used the instant State-owned land without permission from September 1, 2009 to August 30, 2014 (hereinafter “instant disposition”).
Specific calculation details of indemnity shall be as listed in the following table:
(The unit of the amount shall be all won, the unit of area shall be a square meter, and the officially announced value shall be the amount per square meter). B] The fact that there is no dispute over B/ [the grounds for recognition], each entry in Gap Nos. 1, 2, 3, and 10-2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. On October 22, 2007, the Plaintiff concluded a loan agreement on the State-owned land from January 1, 2008 to December 31, 2010 with respect to the State-owned land of this case, and paid rent from December 31, 2008 to the Plaintiff. However, both Pyeongtaek-si did not notify the Plaintiff of the payment of rent in 2009, and did not notify the Plaintiff of the change in the management authority of the State-owned land of the change. Accordingly, the Plaintiff cannot be deemed to have occupied and used the State-owned land of this case without permission. Accordingly, the Plaintiff cannot be deemed to have been deemed to have occupied and used the State-owned land of this case without permission. Accordingly, the Plaintiff did not change the management authority of the State-owned land of this case to the extent that the State-owned land of this case was terminated on December 31, 2008.
Therefore, the Plaintiff had the right to possess and use the State-owned land of this case until December 31, 2010, which is the expiration date of the loan period, and therefore, at least from September 1, 2009 to the disposition of this case.