1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The land of this case (hereinafter “instant land”) is a state-owned land with B 3,520 square meters in Jeonbuk-gun, Jeonbuk-gun.

B. Pursuant to the statutes governing State property, the Plaintiff manages the instant land by being entrusted by the competent authority with the affairs concerning the management and disposal of the instant land.

[Ground of recognition] Evidence No. 1, Evidence No. 6-1 to No. 3, and purport of the whole pleading

2. The Plaintiff’s assertion and the judgment as to the Plaintiff’s assertion, that the Defendant, from March 31, 2001 to March 31, 201, occupied and used 132 square meters of the instant land without permission, thereby gaining a reasonable amount of rent, and accordingly, the Defendant is obligated to return the Plaintiff’s unjust enrichment equivalent to the rent during the said period.

The Plaintiff acquired the claim for return of unjust enrichment equivalent to the rent for the said period from the Republic of Korea, the owner of the instant land, even if the Defendant occupied and used 132 square meters of the instant land without permission during the said period.

Unless there exist special circumstances, such as granting the right to collect the above claim for return of unjust enrichment, the Plaintiff cannot be deemed to have the right to claim the return of unjust enrichment against the Defendant solely on the ground that the Plaintiff was entrusted with the affairs relating to the management and disposition of the land in this case under the State Property Act and subordinate statutes. Therefore, the Plaintiff

3. If so, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be dismissed as it is unfair to conclude otherwise, and the plaintiff's claim shall be dismissed. It is so decided as per Disposition.