1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 21, 1997, the Defendant and the Defendant leased to the non-party company the Gangwon-do Yangyang-gun B miscellaneous land 5,428 square meters (hereinafter “instant land”) and the C miscellaneous land 8,368 square meters (hereinafter “instant co-ownership”). The non-party company entered into an agreement on the business of tourist facilities (hereinafter “the instant agreement”) with the content that the non-party company uses the facilities donated to the Yangyang-gun for a certain period after installing the above facilities, and the non-party company shall contribute the permanent building to both Yang-gun and contribute the facilities donated to the Yangyang-gun for a certain period.

B. The non-party company completed the construction of the “Dong Dong” and the “Na Dong Dong” on the ground of the public property of this case as stipulated in the instant agreement, and donated it to Yangyang-gun.

Meanwhile, the non-party company was expected to construct a cdong building on the part of 99.46 square meters among the instant land (hereinafter “instant building”) and contribute to the Yangyang-gun. However, the construction was suspended at the time of completion of 90% during the new construction process and did not contribute to the Yangyang-gun. Since then, the procedure for compulsory auction of the instant building was commenced upon request by D, a creditor of the non-party company.

C. On July 4, 2008, the Plaintiff and E received 1/2 of each share of the instant building during the compulsory auction procedure and completed the registration of ownership transfer in their names on October 8, 2009. The Plaintiff purchased 1/2 share of the instant building from E on October 15, 2009 and completed the registration of ownership transfer on October 16, 2009.

The Defendant, on March 26, 2015, owned the instant building and occupied the part of 99.46 square meters of the instant land, which is a public property, without obtaining permission for use or profit-making. Accordingly, the Defendant rendered a disposition imposing indemnity of KRW 51,532,240 on the Plaintiff on March 26, 2015.