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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Details of the disposition;
A. The Plaintiff’s land possession and imposition disposition of indemnity are 1) The Plaintiff from around 2005 to Busan, Nam-gu, Busan, and 754 square meters of land owned by the Republic of Korea (hereinafter “instant land”).
(2) The Defendant, without permission, occupied and used the instant land from March 12, 2007 to March 28, 2012, on the ground that the Plaintiff occupied and occupied the instant land from around 2005, notified the Plaintiff of the imposition of indemnity (hereinafter “disposition prior to the filing of a civil lawsuit”) to impose indemnity or impose indemnity as stated in the disposition taken prior to the filing of a civil lawsuit (hereinafter “disposition prior to the filing of a civil lawsuit”).
B. On February 14, 2012, Busan District Court Decision 2012Da518019, the Defendant did not pay the indemnity following the disposition of imposition prior to the filing of a civil lawsuit (hereinafter “relevant civil lawsuit”) and sought a return of unjust enrichment equivalent to the royalty of the instant land against the Plaintiff (hereinafter “relevant civil lawsuit”).
(2) Upon filing a complaint, the Plaintiff sought payment of the amount of money calculated at the rate of KRW 61,68 per month from July 16, 2005 to January 31, 2012, which is equivalent to the rent of the instant land from February 1, 2012, and from February 1, 2012 to February 1, 2012, the Plaintiff sought payment of the amount of money calculated at the rate of KRW 61,68 per month from the Plaintiff’s possession of the instant land, or from the date on which the ownership of the Republic of Korea is lost. (2) After receiving a duplicate of the complaint of the relevant civil action from the Busan District Court, the Plaintiff received delivery from the Defendant on March 9, 2012, and then received payment from the Defendant on March 36, 2012 to March 36, 204 (hereinafter “the instant repayment amount”). Accordingly, the Defendant sought for the reduction of the Plaintiff’s ownership of the instant land from August 21, 2012.
3 Busan District Court refers to the plaintiff in this case on September 24, 2012 without permission.