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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On January 1, 201, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the head of Gangseo-gu, Busan Metropolitan Government with regard to part of 789 square meters (hereinafter “instant land”) out of 1,008 square meters among the State property, which is a general property, from January 1, 201 to December 31, 201; and the purpose of use as “residential”; and the Defendant is a corporation entrusted with the authority to manage and dispose of the instant land on December 14, 201.
B. On April 5, 2013, the Defendant: (a) notified the Plaintiff of the fact that the Plaintiff used the instant land for any purpose other than the intended purpose stipulated in the instant loan agreement; (b) by applying Articles 7 and 8 of the loan agreement, the said loan agreement was terminated; and (c) notified the Plaintiff of the demand for voluntary evacuation as soon as possible from the date of termination to the date of termination of the loan agreement.
C. On July 7, 2015, the Defendant notified the Plaintiff on April 6, 2013 to December 31, 2014 that the Plaintiff would be entitled to KRW 27,60,820 of the State Property Act, because the Plaintiff occupied and used the instant land from April 6, 2013 to December 31, 2014.
On July 24, 2015, the Plaintiff prepared and submitted a written opinion to the effect that he/she raises an objection. However, the Defendant did not accept the Plaintiff’s objection and rendered a disposition imposing KRW 27,60,820 of the indemnity as notified in August 12, 2015 (hereinafter “instant disposition”).
E. The Plaintiff filed an administrative appeal against the Defendant seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the dismissal ruling was issued on December 24, 2015.
F. After paying the indemnity imposed by the Plaintiff, the Plaintiff filed the instant lawsuit.
[Based on the recognition] There is no dispute, evidence Nos. 1-2, 1-2, 2, 6, 7 are numbers.