채무부존재확인
1. Revocation of a judgment of the first instance;
2. The case shall be transferred to the Panel Division of the Gwangju District Court.
purport.
1. Facts of recognition;
A. The Defendant operates and manages the relevant marina club facilities (hereinafter “the instant marina club facilities”) installed in 1572-2, etc., Simpo-si, Simpo-si, Simpo-si, pursuant to the “Agreement on the Management and Operation of Simpo-si, Mapo-si, 1572-2, etc.” (hereinafter “instant agreement”), and the Plaintiff has obtained permission from the Defendant for the use of the instant marina club, and mooring the instant marina club, etc.
B. In accordance with Article 5 of the instant Convention and the Ordinance on the Management and Operation of Yachage club Facilities in the Y club, the Defendant collected user fees from the Plaintiff, including the Plaintiff, in accordance with the instant Ordinance (Article 2514 of the Ordinance enacted on October 20, 208, hereinafter “instant Ordinance”).
C. Of the contents of the instant ordinances, the parts pertaining to cases are as follows.
Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters necessary for the management and operation of the yacht course or facilities in a wooden city pursuant to Article 144 of the Local Autonomy Act in order to revitalize the regional economy and contribute to the expansion of the base of the yacht industry.
Article 4 (Application for Permission for Use and Permission) (1) A person who intends to use a yacht pool or facilities shall obtain permission for the wooden market, and the same shall also apply to any modification to the permitted matters.
(2) Upon receipt of an application for permission for use under paragraph (1), the use of a facility shall be permitted or amended pursuant to Article 20 of the Public Property and Commodity Management Act.
Article 14 (Entrusted Operation) (1) The Mayor may entrust a corporation, organization, or individual with all or part of the yacht club or facilities pursuant to Article 27 of the Public Property and Commodity Management Act.
(2) When the head of a Si entrusts the operation of a yacht club or facility pursuant to paragraph (1) for the efficient operation thereof, he/she shall, in principle, appropriate expenses incurred in relation to his/her ownership from the trustee's charges and other profits, but all or part of operating expenses within budgetary limits.