1. The plaintiff's claim is dismissed.

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

Details of the disposition

From around 1983, the Plaintiff occupied and cultivated each land listed in the separate sheet No. 1 (hereinafter “instant land”).

On May 28, 2014, the Administrator of the Public Procurement Service issued a public notice period for the instant land from May 28, 2014 to November 27, 2014; and the Republic of Korea completed the registration of initial ownership on the instant land on April 8, 2015.

On March 11, 2016, the Defendant issued a disposition imposing KRW 22,672,760 on the Plaintiff for the reason that the Plaintiff occupied and used the instant land, which is a State property, without any loan agreement, as compensation, from November 28, 2014 to February 23, 2016.

(2) The Plaintiff’s assertion as to whether the disposition of this case is legitimate, based on the premise that the land of this case is State property, but the Plaintiff is not State property, and the Plaintiff has a right to claim for ownership transfer registration based on the completion of the prescriptive acquisition on the land of this case. Thus, the disposition of this case is null and void as the defect is significant and apparent.

Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows.

Facts of recognition

In around 1983, the Plaintiff purchased the right to occupy and use the instant land, which is public waters, from B, and at the time, the registered titleholder of the instant land was C.

C around 192, around October 27, 1993, filed a lawsuit against the Plaintiff seeking the delivery of the instant land and the return of unjust enrichment, and the Seogu District Court of Daejeon accepted the claim of C on October 27, 1993.

(Seoul District Court Seosan Branch 92Ga1737). The plaintiff appealed against the above judgment, and C died on May 9, 1994, and C taken over the above lawsuit by C’s heir (hereinafter “he heir”).

The Daejeon District Court.