1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is the owner of Seongdong-gu Seoul Metropolitan Government Housing Site B and Ground Building (hereinafter the instant building), and the part of 13.4 square meters among the instant building is located on a road owned by the Republic of Korea (hereinafter the instant road).

B. On March 31, 2015, the Defendant imposed indemnity of KRW 1,096,810 (the imposition period from April 1, 2010 to March 31, 2015) on the Plaintiff on the ground that the Plaintiff occupied the instant road, which is State property, without permission, pursuant to Article 72 of the State Property Act.

(hereinafter referred to as the "Disposition in this case"). / [Grounds for recognition] A, 4, 5, 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion 1) In light of the fact that the category of the instant road is the road category that is the ground for the imposition of indemnity, and that Article 72 of the Road Act is specified as the ground for the Defendant’s prior notice of indemnity, the ground for the instant disposition is not the State Property Act, but the Road Act. Therefore, the instant disposition that imposes indemnity pursuant to the State Property Act is unlawful. (2) Meanwhile, Article 72(2) of the Road Act provides that the State Property Act shall not collect indemnity in cases where unauthorized occupation and use is not caused by the intention or negligence of the road occupant, and shall collect the amount equivalent to occupancy and use fees from the date one month has elapsed after the notification of such fact (hereinafter “Special Provisions of the Road Act”). Since the Plaintiff had known the fact that the instant building was invaded by the road at the time of the purchase of the instant building from the former owner, only the amount equivalent to occupancy and use fees should be imposed from one month after the notification of unauthorized occupation.

Therefore, the instant disposition that did not apply the special provisions of the Road Act is unlawful.

B. The land category of the instant road is indicated as a road, but the determination and public notice of the designation or recognition of routes under the Road Act, and the determination and public notice of road zones, or under the Urban Planning Act or the Urban Redevelopment Act.