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

A. The Defendant is a local public enterprise established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment of Gwangju Metropolitan City Urban Corporation, and was entrusted by Gwangju Metropolitan City with the management of Gwangju Dong-gu B shop (hereinafter “instant commercial building”) which is administrative property from Gwangju Metropolitan City around 2000.

B. The Plaintiff entered into a lease contract with the Defendant for the Cdong D, E, and 8.07 square meters in the instant commercial building (hereinafter “instant contract”), and operated the store in the instant commercial building.

C. At the time of entering into the instant contract, the Defendant: (a) requested two appraisal corporations selected by the Defendant and the Commercial Association to appraise the rent for the shop; and (b) determined the arithmetic mean of each assessed value by requesting the appraisal of the rent for the shop; and (c) the Plaintiff paid the rent under the instant contract to the Defendant; and (d) the instant contract terminated by around 2014.

The provisions related to this case shall be as specified in the relevant provisions of the attached Table.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, Eul evidence No. 1, and the purport of the whole pleadings

2. The Plaintiff’s assertion is administrative property stipulated in the Public Property and Commodity Management Act (hereinafter “Public Property Act”). Thus, in calculating rent, the interest rate on a one-year term deposit shall apply pursuant to Article 22 of the Public Property Act.

Nevertheless, since the Defendant did not comply with the appraisal and assessment and set the rent at will, the portion exceeding the reasonable rental fee under the above provision is null and void in violation of the mandatory law, and the Defendant is obligated to refund 35 million won as part of the remainder, which is the remainder after deducting the reasonable rental fee (60,494,405 won per annum of the fixed deposit interest rate of 6% per annum from the fixed rental fee (51,840,000 won for ten years from 2003 to 2013) to the Plaintiff.

3. Determination

A. We examine the nature of the contract of this case, the above facts of recognition and the evidence and the arguments mentioned above.