1. The defendant's appeal is dismissed.

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

The primary claim of the claim is the defendant.

1. Details of the disposition;

A. On July 31, 2006, the Plaintiff is a housing redevelopment and rearrangement project association which was authorized by the head of the Gu of Daejeon to implement housing redevelopment and rearrangement projects in the area of the Daejeon-dong 400-20 square meters (hereinafter “instant project area”) with respect to the housing redevelopment and rearrangement projects in the area of the Daejeon-dong.

B. On December 28, 2006, the Plaintiff obtained authorization from the head of the Gu during Daejeon.

C. On December 18, 201, the Defendant was entrusted with the management of 355-21 square meters, 402-52 square meters, 250 square meters, 428-23 square meters, 355-60 square meters, 402-53 square meters and 19 square meters (hereinafter “instant land”).

In accordance with Article 72 of the State Property Act and Article 71 of the Enforcement Decree of the same Act, the Defendant issued each of the instant dispositions imposing indemnity of KRW 13,626,230 for the period from April 18, 201 to June 13, 2012, and KRW 1,453,020 for the period from August 22, 2012 to July 30, 2012, on the ground that the Plaintiff occupied and used the instant land without any loan agreement.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion at the time of authorization to implement the instant project is a road under the Road Act. Thus, the project implementer is deemed to have obtained permission to occupy and use a road under Article 38 of the Road Act pursuant to Article 32(1)3 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9444, Feb. 6, 2009; hereinafter “Urban Improvement Act”). Even if the instant land does not constitute a road under the Road Act, at least the instant land constitutes an administrative property provided to the general public as a road, and thus, it constitutes an administrative property under Article 32(1)12 of the former State Property Act (wholly amended by Act No. 9401, Jan. 30, 2009).