1. The plaintiff's claim is dismissed.

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

Details of the disposition

On April 15, 2016, the Defendant: (a) occupied, without permission, the Plaintiff from April 15, 2011 to April 14, 2016, the Gui-si B (hereinafter “instant land”) Category B (hereinafter “instant land”), which is a State-owned land from April 15, 2011 to April 14, 201; (b) issued a disposition imposing indemnity of KRW 11,812,290 (hereinafter “instant disposition”).

[Ground of recognition] The Defendant asserts that the lawsuit in this case is unlawful as a lawsuit brought against the above agreement, since the Plaintiff and the Defendant agreed to bring an action against the Defendant on January 18, 2016.

According to Gap evidence No. 6, it is recognized that the plaintiff prepared a written consent of "I, on January 18, 2016, I agree to purchase the above state-owned land (E) and pay the indemnity incurred before the conclusion of the sales contract, and will not raise any objection later."

However, in general, since the rights of public law cannot be disposed of by the parties at will, waiver of the right, which is an official right to the private country, subject to the rights relationship under public law, is not permissible, and there is no legal effect in the non-instigation of a lawsuit (see, e.g., Supreme Court Decisions 98Du12598, Jan. 26, 199; 98Du8919, Aug. 21, 1998). Thus, the right to seek the cancellation of the disposition in this case cannot be arbitrarily disposed by the parties, and thus, the non-establishment of a special agreement has no legal effect.

Therefore, the defendant's defense prior to the merits on different premise is without merit.

The plaintiff asserts that there is a legitimate title to use and benefit from the land of this case adjacent to the land of this case, since he obtained permission from the Guri-si around 1995 to use and benefit from the land of this case.

However, such;