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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim against the above revocation shall be dismissed.
2...
Reasons
1. Basic facts
A. Each land listed in the separate sheet (hereinafter “each land of this case”) is the general property owned by the Republic of Korea (hereinafter “miscellaneous property”) (hereinafter “the State Property Act”) (hereinafter “the State Property Act”) prior to the amendment by Act No. 9401, Jan. 30, 2009”), and is the general property owned by the Republic of Korea (hereinafter “State Property”).
B. The Defendant occupied the land in Attached List No. 1 (hereinafter “Attached 1 land”) from April 25, 2007 to December 31, 2009; from April 25, 2007 to December 31, 2008; from December 31, 2008, and from February 4, 2008 to December 31, 2008; from February 31, 2008 to December 31, 2008; from September 1, 2008 to December 31, 2008; from September 12, 2007 to July 31, 2008; and from September 31, 2008 to April 13, 207 to April 18, 2007, respectively.
C. The Plaintiff: “The Defendant occupied and used each land of this case, which is State property, without permission; on February 25, 2008, as to the land listed in [Attachment 1 and 2] attached on August 26, 2009, as to the land attached Forms 3 through 9 attached on August 26, 2009; on the land attached Form 10, 11 attached on April 21, 2009; and on the land attached Forms 12, 13 attached on February 20, 208, each indemnity was imposed for each land of this case from the year 2007 to the year 2009.
[Defendant's Grounds for Occupancy and Use of Each Land of this case]
D. Pursuant to Article 32(3) of the former State Property Act (amended by Act No. 9401, Jan. 30, 2009; hereinafter “former State Property Act”) and Article 33(2) of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 21641, Jul. 27, 2009; hereinafter “former Enforcement Decree”), the president of Seoul Special Metropolitan City delegated the management and disposal of each of the instant land to the office of general administration (the Minister of Strategy and Finance or the Minister of Strategy and Finance after reorganization of the government organization in 2008).
(e)the Mayor of Seoul Central Government, including attached Form 1, 2, and 13.