1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On January 1, 2015, the president of the Cheongju Educational University permitted the Defendant to use the instant land for residential purpose from January 1, 2015 to December 31, 2015, on the condition that “the Defendant shall use the instant land for residential purpose, and the user fee shall be KRW 908,650 per year, and shall be returned to the original condition if the period of use expires or the permission is revoked.”

(A) Permission to use or profit from state property specified in subparagraph 2 for consideration, in particular Article 14.b.

As the possessor of each building installed on the ground of the instant land (hereinafter “instant building”), the Defendant occupied and used the instant land as the site for the instant building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on removal and request for extradition

A. According to the above facts of recognition as to the cause of claim, since the permission for use and profit-making of the land of this case by the defendant has expired, the defendant is obligated to remove the building of this case to the plaintiff and deliver the land of this case in accordance with Article 38 of the State Property Act and Article 14 of the conditions of permission for use and profit-making

B. On July 6, 1968, the defendant's father C purchased the building of this case from the Cheongju Educational University through the employee non-party D, and the defendant acquired the ownership of the building of this case from C. Thus, the defendant asserts that he had the right to possess the land of this case.

According to the evidence Nos. 2 and 3, the building of this case was completed on July 6, 1968 and at that time the owner of the building at that time was C.