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1. The Defendant’s disposition of imposition of KRW 38,583,730 of indemnity against the Plaintiff on November 4, 2014 is revoked.
2...
Reasons
1. On November 4, 2014, the Defendant imposed on the Plaintiff KRW 38,583,730 (the calculation details are the same as the attached Form on the calculation statement of indemnities) on the ground that the Plaintiff occupied and used 88 square meters (hereinafter “the part of the instant building site”) out of 347 square meters in Suwon-si B, Suwon-si, which is a State-owned land from January 1, 2010 to October 30, 2014 (hereinafter “the subject period”) without a loan agreement, pursuant to Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1-1, 2, and 3-2, the purport of the whole pleadings
2. The defendant's unauthorized possession, which is a requirement for the imposition of indemnity as to whether the disposition is lawful (the main sentence of Article 72 (1) of the State Property Act), shall prove
Witness
In light of C’s testimony’s overall purport of pleading, the instant land appears to have been used by the general public as a parking lot, etc. during the relevant period.
Although a wall is installed in part of the instant site (No. 5 and No. 14-1), the Plaintiff installed the said wall.
there is no evidence that such evidence is owned or owned.
In light of such circumstances, even if the Plaintiff used part of the instant site as a passage for access to a public road, it is insufficient to recognize that the Plaintiff exclusively occupied and used all of the instant site during the subject period only with the evidence Nos. 1-6 (including paper numbers). There is no other evidence to acknowledge otherwise.
The disposition of this case based on the premise that the Plaintiff occupied the entire site of this case without permission during the target period is unlawful.
The plaintiff's assertion pointing this out is with merit.
3. Therefore, we accept the Plaintiff’s claim.