The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The following facts can be acknowledged in light of the following facts: Gap evidence 5, 9, 11 through 13, 21, Eul evidence 1, 4, 9-2, and the purport of the whole pleadings:

Busan Gangseo-gu, Busan Metropolitan Government (hereinafter “instant site”) and a single-story housing (hereinafter “the instant housing”) are owned by the Plaintiff. The instant housing is part of the instant site, and the Busan Gangseo-gu, Busan, which is located in a part of the instant site, is the State-owned land whose management is delegated by the Defendant.

B. On May 15, 1984, the instant site had a single-story house, the registration of ownership preservation of which was made under D’s name, and was removed around August 200, and thereafter, the instant house was newly built on or around December 8, 200, and existed until now.

C. Although it is not possible to specify at any time, at least before April 200, part of the wall for the instant housing was built by breaking a part of the instant road as set forth below, and thereafter, the part left part of the instant road among the instant roads has been used as a marina or a garden for the instant housing.

C

D. On February 26, 2020, the Defendant imposed an indemnity of KRW 240,420 for the period of use from January 1, 2015 to December 31, 2019 on the Plaintiff on the ground that the Plaintiff occupied the instant land without obtaining permission for use, and issued a disposition of imposition of indemnity with the same content as the Plaintiff (hereinafter “instant disposition”) on March 20, 2020.

2. Whether the disposition is lawful;

A. (1) On May 15, 1984, the Plaintiff’s assertion that the instant land had been continuously used as a marina or a garden for the instant single-story housing and the instant building since the registration of initial ownership was made on the instant land under D’s name.