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. Basic facts

A. The Plaintiff is a project implementer that implements a housing redevelopment project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seodaemun-gu Seoul, Seodaemun-gu, Seoul. The Defendant owned a building without permission on the land located within the instant project zone, Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant land”) and occupied the instant land without permission. The Korea Asset Management Corporation is a corporation delegated with the authority to manage the instant land by Korea.

B. On September 2, 2010, the Plaintiff paid on behalf of the Defendant the total sum of KRW 7,078,270,270, and the remainder of KRW 3,678,930 from September 3, 2005 to September 2, 2010, excluding KRW 850,720, out of the indemnity paid by the Defendant on July 20, 2009, from April 1, 2006 to September 2, 2010, the amount of indemnity to be paid by the Defendant by occupying the instant land without permission from the Korea Asset Management Corporation and the Korea Asset Management Corporation, i.e., the total sum of KRW 10,757,200, total sum of indemnity from September 3, 2005 to September 2, 2010.

[Grounds for recognition] No dispute exists, the fact-finding results and the purport of the whole argument of the Korea Asset Management Corporation

2. As of September 2, 2010, the fact that the Defendant’s judgment on the cause of the claim occupied the instant land without permission and paid the indemnity amounting to 10,757,200 is no dispute between the parties.

According to the main text of Article 469(1) and (2) of the Civil Code, a third party is also entitled to the repayment of an obligation, but a third party who has no interest is not liable against the will of the debtor.

As seen earlier, the Plaintiff repaid the Defendant’s compensation to the Korea Asset Management Corporation as a third party in a legal relationship surrounding the Defendant and the Korea Asset Management Corporation’s indemnity.

However, for the smooth promotion of the instant project, the Plaintiff’s land is a state-owned land.