The judgment of the court below is reversed, and the case is remanded to the Jeonju District Court Panel Division.

1. In the absence of the Supreme Court precedents on the interpretation of the statute applicable to a specific case in a small-sum case, where a number of small-sum case at issue of the interpretation of the same statute is pending in the lower court, and there are cases where the Supreme Court has made a decision on what kind of case according to the full bench, on the ground that the small-sum case is a small-sum case, it would be likely to undermine the legal safety of people's lives if the Supreme Court

Therefore, even if a small-sum case does not meet the requirement of “when a decision contrary to the precedents of the Supreme Court is made,” which can be considered as the grounds of appeal, in the absence of such special circumstances, determination of errors in interpreting and applying the substantive law ex officio at the level of performing the intrinsic function of the Supreme Court, which is unification

(2) As to whether the Plaintiff, who was entrusted with the affairs pertaining to the administration and disposal of general property from among the State property, can file a lawsuit for the claim of restitution of unjust enrichment under the civil law against the person who occupied, uses, or benefits from the State without permission, pursuant to the State Property Act and subordinate statutes, the State property Act and subordinate statutes (see Supreme Court Decisions 2003Da1878, Aug. 20, 2004; 2006Da50420, Dec. 11, 2008). As such, there was no Supreme Court precedent regarding whether the lower court did not have any judgment, and there is a situation in which the lower court’s judgment is written, the court ex officio determines

A person who occupies, uses, or benefits from, any State-owned property without obtaining a lease, use, or benefit from the State-owned property (including a person who continuously occupies, uses, or benefits from the State-owned property without obtaining a lease, use, or benefit from the State-owned property after the lease, use, or benefit from the State-owned property expires