1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning behind the disposition, the Plaintiff’s assertion, and the reasoning for the court’s explanation on this part is that the Enforcement Decree of the State Property Act (amended by Presidential Decree No. 28988, Jun. 26, 2018; Presidential Decree No. 28988, Jun. 26, 2018; hereinafter the same) is the same as the corresponding part of the judgment of the first instance, and thus, it is cited in accordance with Article 8(2) of the Administrative Litigation Act, the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The main text of Article 72(1) and Article 2 subparag. 9 of the State Property Act provide that a person who uses, benefits from, or occupies State-owned property without permission for use or loan contract shall collect a loan fee or indemnity equivalent to 120/100 of a loan fee for the State-owned property. The purport of the provision is that a person who occupies, uses, or benefits from State-owned property can not collect a normal loan or rent in lieu of the loan or rent, if the person who occupies, uses, or occupies State-owned property without legal title.

(See Supreme Court Decision 2015Du677 Decided February 21, 2017). B.

(1) Article 2 Subparag. 9 of the State Property Act defines “compensation” as an amount imposed on a person without permission for use or possession of State property without permission for use or a loan agreement. Article 5(1) of the State Property Act lists the scope of State property subject to unauthorized possession. Article 5(1)1 of the State Property Act stipulates “real estate and its appurtenances” as one of the State property.

Although the State Property Act does not separately define the concept of possession, there is no special reason to regard the concept of possession differently from the possession under private law in the disposition of indemnity, so it can be invoked as it is the concept of possession under private law.

I would like to say.

Possession is considered to belong to the factual control of a person by social norms.