1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 14, 2003, Korea owned a share of 34,168.6/70,073.6 square meters in the member B 70,073.6 square meters in Ansan-si, Ansan-si (hereinafter “instant land share”).

B. The Plaintiff, pursuant to the State Property Act and subordinate statutes, was entrusted by the competent authority with the affairs concerning the management and disposal of the instant land’s share, which is State property. On February 14, 2003, the Plaintiff entered into a loan agreement with the Defendant on the part of the instant land, which the Republic of Korea agreed to divide into sectional ownership (hereinafter “instant land”).

C. After that, on June 25, 2004, the Plaintiff expressed to the Defendant that the above loan agreement will be terminated on the grounds of the unpaid loan charges.

On the other hand, on July 25, 2012, the Republic of Korea sold the share of the instant land to the Bags Co., Ltd., and completed the registration of ownership transfer in the name of the said company.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 5, and 6 and the purport of the whole pleadings

2. The plaintiff's assertion and judgment as to the plaintiff

A. After the Defendant’s assertion was terminated of the above loan agreement, the Defendant obtained unjust enrichment by occupying and using the land portion of this case, which is State property, without any title from June 26, 2004 to April 12, 2006, and suffered damages equivalent to the same amount from the Republic of Korea. As such, the Defendant is obligated to return to the Plaintiff the amount stated in the purport of the claim, which corresponds to the above period during which the Defendant occupied and used the above land portion without permission, as unjust enrichment.

B. The judgment below held that even if the Defendant occupied and used the land portion of this case without permission and thereby acquired unjust enrichment equivalent to the rent and inflicted damages on the Republic of Korea, the right to collect indemnity by the disposition of imposition of indemnity against the illegal occupant of State property under Article 72 of the State Property Act is different from the claim under private law.