1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The defendant is a corporation established on December 31, 2003 under the Framework Act on Railroad Industry Development and the Korea Rail Network Authority Act for the purpose of contributing to the enhancement of citizens' traffic convenience and the sound development of the national economy by efficiently constructing and managing railroad facilities and implementing other projects related thereto.

B. On July 27, 2010, the Defendant imposed and notified the Plaintiff of KRW 1,676,500 of indemnity for the use of State property from January 1, 2004 to December 31, 2004, pursuant to Article 72 of the former State Property Act (amended by Act No. 10485, Mar. 30, 201; hereinafter the same), on the ground that the Plaintiff occupied and used 134.4 square meters of the 1,758 square meters of the 1,758 square meters of the Gunsan-si railway site B (hereinafter “instant land”).

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Plaintiff, from around 1998, constructed a new building and run restaurant business on the ground of the instant land from around 2002, sold the above building and house stuff to C around 2002, and even if C occupied and used the instant land, the instant disposition imposing indemnity on the Plaintiff is a disposition with significant and apparent defects against a person who is not liable for payment, and thus, is null and void.

B. Even if the Plaintiff occupied and used the instant land,

Even if a claim for indemnity arising from the possession of the instant land by July 26, 2005 of the instant disposition was completed at the time of the instant disposition, the five-year extinctive prescription has already been completed, and such defect is significant and apparent and null and void.

3. The Defendant filed the instant lawsuit on August 5, 2014, even though the Plaintiff was aware of the fact that the instant disposition was taken after receiving a notice of the imposition of indemnity around August 2010, and thus, the instant lawsuit was filed.