1. The Defendant’s KRW 257,103,250 as well as 5% per annum from January 1, 2012 to February 25, 2013 to the Plaintiff.

1. Facts of recognition;

A. Korea is an owner of 9,101 square meters of the school site in Seongbuk-dong, Seongbuk-gu, Seoul (hereinafter “instant land”).

B. From October 25, 1985 to the date of the closing of argument in the instant case, the Defendant established and used the Seoul Y Elementary School on the instant land to the day of the closing of argument.

C. Meanwhile, the instant land was abolished on February 23, 2010 and transferred to the Ministry of Strategy and Finance, the office of general administration.

Under Article 26 (1) 8 of the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation, Article 42 (1) of the State Property Act, and Article 38 (3) of the Enforcement Decree of the State Property Act, the Plaintiff was delegated by the Republic of Korea with the authority to manage and dispose of the instant land on February 23,

In addition, on May 28, 2010, registration of the change of the management agency to the Ministry of Strategy and Finance was completed with respect to the land in this case.

On April 10, 2012, the Plaintiff imposed indemnity on the Defendant on the ground that the Defendant occupied and used the instant land without obtaining permission for the loan or use and profit-making thereof, from January 1, 201 to December 31, 2011.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 and 2, and the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The Plaintiff, a managing agency, may collect indemnity from the Defendant under the provisions of Article 23 of the National Tax Collection Act which applies mutatis mutandis under Article 73(2) of the State Property Act.

Nevertheless, the lawsuit of this case seeking the return of unjust enrichment such as indemnity is unlawful as there is no benefit of lawsuit.

B. Article 72(1) of the State Property Act provides, “The head of a central government agency, etc. shall collect from an unauthorized occupant an indemnity amounting to 120/100 of the usage fees or loan charges of the relevant property under the conditions as prescribed by the Presidential Decree.” The State Property Act provides, “The State property loan charges.”