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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Defendant, on April 10, 200, entered into a loan agreement with respect to the land No. 1 of this case with respect to the land No. 1 of this case, on the ground that the loan use was created on April 10, 200, the loan agreement period of three years, and the estimated rent amount of 16,54,530 won per annum (158,169 square meters per annum when entering into an initial loan agreement with the area of 136,336 square meters per annum, which is 136,169 square meters per annum, but currently the area occupied by the Plaintiff without permission is 124,26 square meters.
x The bidding was conducted after determining the individual land price of KRW 2,430 x 50/1,000 at the time of the commencement of the bidding. The plaintiff was awarded a successful bid on April 24, 2000 through December 31, 2002, and the loan contract was concluded for the purpose of use, seed cultivation creation, and the loan price of KRW 16,570,000 for the loan amount from April 24, 200 to December 31, 202, and thereafter the contract period was extended until December 31, 203. 2) The defendant notified the plaintiff on December 27, 2004, that the loan period expires on December 31, 2004. Thus, the plaintiff notified the plaintiff that the remaining land of this case and the ground school of this case should be disposed of by the date of April 30, 205.
3) On February 14, 2017, the Plaintiff did not return the instant land. On January 1, 2016, the Defendant imposed an indemnity amounting to KRW 78,287,580 for illegal occupancy from January 1, 2016 to December 31, 2016 (area 124,266m2 to December 31, 2016 x individually assessed individual land price x KRW 10,500 x 120/100 x 120/100 x 120/1000) on the instant land. The Plaintiff concluded a loan agreement with respect to the instant land No. 2 on August 28, 200. The Plaintiff concluded a loan agreement with respect to the instant land as KRW 78,287,580 (area 124,266m2 to December 31, 202).
2) The above loan agreement has been renewed several times. On December 4, 2014, the Plaintiff and the Defendant concluded a loan agreement with respect to the instant land No. 2, with the other purposes of use for loan, the loan period from January 1, 2015 to December 31, 2019, and the loan rate of 50/1,000. 3) The Plaintiff concluded a loan agreement after the portion of 2014.