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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff has been operating C from April 1997 to January 2, 2014 in Chungcheongnam-do, Chungcheongnam-do.
B. The Plaintiff filed an application with the Do governor for a loan of State property to use the land of this case as the site for the above C’s parking lot in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do (hereinafter “the instant land”). The Plaintiff concluded the instant loan contract for State property (hereinafter “the instant loan contract”) with the head of Gun and the loan period from January 1, 2013 to December 31, 2017, setting the period from January 1, 2013 to December 31, 2017.
The provisions pertaining to the instant loan agreement concerning the instant case are as follows.
Article 8 (Cancellation of Loan Agreements) In any of the following cases, the head of a Gun in charge may cancel this contract against the plaintiff:
4. Where the Plaintiff loses ownership of any ground object due to the disposition on default, compulsory execution, auction, etc.;
5. Where the plaintiff violates any statute related to State property or this contract provisions.
C. The managing authority of the instant land was originally the head of the Gun. Under Article 38(3) of the Enforcement Decree of the State Property Act, the Defendant, a public corporation, which was entrusted by the Minister of Strategy and Finance with the affairs of administration and disposal of the general property among the State property, acquired the management authority of the instant land from
The Defendant notified the Plaintiff of the payment of the loan charges of KRW 1,418,860 in December 23, 2013 by December 31, 2013. However, the Plaintiff did not pay the above loan charges by December 31, 2013, and the Plaintiff did not pay the extended loan charges by March 24, 2014, which is the extended payment deadline.
E. On March 25, 2014, the Defendant notified the Plaintiff that the instant loan agreement was terminated.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Determination
A. Whether the contract termination procedure was breached is unilaterally concluded by the Plaintiff without going through the payment demand procedure prior to the termination of the instant loan agreement.