1. The plaintiff's claim is dismissed.

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

1. Case summary

A. On January 14, 1963, the Republic of Korea completed the registration of preservation of ownership as the registration office of receipt of the High Government Branch of the Highly Support Branch of the Highly Support District Court No. 276 on the land of this case (hereinafter “the land of this case”) with respect to A 509 square meters (in around 2012, A A 381 square meters and B 128 square meters, around 2012; hereinafter “instant land”).

B. On May 6, 2010, the Defendant entrusted the business of the management and disposal of the instant land with the Defendant concluded a sales contract with respect to the instant land with Man-Gak Co., Ltd. (after that, the name of the company was changed to “Inteck Holdings,” and is a separate company from the Plaintiff; hereinafter “Inteck Company”).

C. On the same day, the Defendant issued a disposition imposing KRW 48,004,090 on the non-party company on the ground that the non-party company occupied and used the instant land, which is State property, without permission from October 25, 2005 to May 6, 2010 (hereinafter “instant disposition imposing indemnity”). The non-party company paid the said indemnity on the same day.

However, on May 26, 2010, C filed a lawsuit against the Republic of Korea seeking cancellation, etc. of the above registration of initial ownership, which was completed in the name of the Republic of Korea with respect to the instant land, and was sentenced on June 3, 2014 to the effect that C received a claim from the Republic of Korea, and the judgment became final and conclusive on June 26, 2014.

Accordingly, registration of preservation of ownership in the name of the Republic of Korea was cancelled, and on August 7, 2014, registration of preservation of ownership was completed in C in the name of the Republic of Korea.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including virtual number), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion that the Republic of Korea was not the owner of the land of this case since December 31, 1998. Thus, the disposition imposing indemnity of this case is imposed by the Republic of Korea on the land owned by another person, and its defect is significant and apparent.