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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On May 26, 2017, the Plaintiff: (a) obtained permission for use from the Defendant on the 20-meter D stores with the area of 20 square meters located in Ulsan-gu, Ulsan-gu; (b) from May 30, 2017 to May 29, 2020; and (c) obtained permission for use by setting the use period from May 30, 2017 to May 29, 202; and (d) annual use fees of KRW 57,520,00 (including additional taxes).
(hereinafter referred to as “instant permission for use”). (b)
The Plaintiff paid the annual user fee for the year 2019, the third year of the instant permission period in four installments and once every three months. The first user fee for the year was 14,439,430 won on April 30, 2019, and the second user fee for the year 14,612,260 won on July 29, 2019, and the third user fee for the year 14,554,640 won on October 27, 2019, and the fourth user fee for the year 2019 was 14,497,020 won on January 25, 2020, but the Plaintiff failed to pay the second user fee until July 29, 2019.
C. Article 12 Subparag. 5 of the above written permission for use provides that “if the user fee has not been paid by the due date and exceeds 50 days for the first time of payment, the permission for use may be revoked for all or part of the property for which the permission for use was granted after the due date for a specified period, the Defendant rendered a disposition on October 17, 2019, stating that “the permission for use of the instant case was revoked as of October 23, 2019 on the ground that the Plaintiff failed to pay the said second time user fee and exceeded 60 days from the first time of payment.”
(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence Nos. 1, 2, 7; Eul evidence Nos. 1 through 5; and the purport of the whole pleadings.
2. The main point of the Plaintiff’s assertion was Ulsan Metropolitan City and the Defendant set the Fxic period of the E Park every year as 10 days, and the Plaintiff obtained the instant permission for use with trust. Since the Ulsan Metropolitan City and the Defendant’s 2019 Fxic period reduced the Fxic period to 5 days, thereby infringing the Plaintiff’s interest, the Defendant’s interest.