1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. Basic facts

A. The Defendant is the owner of each land (hereinafter “each of the instant land”) including the land of 165 square meters in Gyeonggi-gun B, Gyeonggi-do, and its ground tracks, and the Korea Rail Network Authority is the management authority of each of the instant land and its ground tracks.

B. On January 1, 2010, the Korea Rail Network Authority: (a) granted the Plaintiff permission to use State property from January 1, 2010 to December 31, 2014 for each of the instant land and facilities, including its ground tracks; and (b) thereafter, upon the Plaintiff’s request, the said permission period was changed from May 1, 2010 to April 30, 2015.

C. On February 5, 2015, the Plaintiff filed an application with the Korea Rail Network Authority for renewal of the said permission. Accordingly, on May 1, 2015, the Korea Rail Network Authority renewed the permission for use of each of the instant land and facilities, including the instant ground tracks, with the period from May 1, 2015 to April 30, 2020.

On July 30, 2015, the Korea Rail Network Authority applied the officially assessed individual land price in 2014 with respect to each of the instant lands to the Plaintiff and notified the Plaintiff to calculate and pay the user fee for the first year of the renewal year as KRW 403,06,400 (hereinafter “instant user fee”). The Plaintiff paid all of them.

E. On October 13, 2015, the Plaintiff filed a lawsuit seeking restitution of unjust enrichment (hereinafter “instant previous lawsuit”) on the ground that the Korea Rail Network Authority had gains no legal cause equivalent to KRW 151,630,140, by applying the officially assessed land price in 2015 to each of the instant land in calculating the instant usage fees under Suwon District Court Branch Decision 2015Da24302. However, the said court dismissed the Plaintiff’s claim on June 9, 2016, which became final and conclusive around that time.

F. On July 26, 2017, the Plaintiff against the Defendant.