1. The plaintiff's claim is dismissed.

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

Details of the disposition

On September 28, 2007, the head of Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seocho-gu") concluded a loan agreement after the abolition of the existing public land in the project area to the B Housing Reconstruction and Improvement Project Association (hereinafter referred to as the "B reconstruction Association") and the C Rebuilding and Improvement Project Association (hereinafter referred to as the "C Reconstruction Association") on the disposition of imposition of indemnity for related cases, and expressed his/her opinion that the rent should be paid for the period of use from the abolition to the conclusion of the loan agreement.

In addition, on October 4, 2007, the head of Seocho-gu notified the Seocho-gu Seoul Metropolitan Government (hereinafter “Seo-gu”) as to the road and park site owned by B, and C reconstruction Association notified that it is scheduled to impose indemnity for the period of use from the commencement to the conclusion of the loan contract with respect to the park site owned by Seocho-gu. On January 15, 2008, each of the above reconstruction Association occupied and used the land owned by Seocho-gu without permission for the loan or use and profit-making, etc. on the ground that it occupied and used the land owned by Seocho-gu without permission for the lease or profit-making.

B Reconstruction Association filed a lawsuit seeking revocation of the above disposition of imposition of indemnity (Seoul Administrative Court No. 2008Guhap18885), and on February 4, 2009, the court of first instance held that the part concerning the road site in the disposition of imposition of indemnity is "Public Property and Commodity Management Act (amended by Act No. 10006, Feb. 4, 2010; hereinafter "Public Property Act").

The provisions of other Acts prescribed in Article 81 (1) fall under the imposition of indemnity on a person who has obtained permission for the loan, use and profit-making, etc. of public property due to occupation and use of road sites, and the provisions of indemnity on park sites shall be calculated in calculating indemnity.