1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant’s Defendant’s permission to occupy and use a road is engaging in a competitive business with the trade name of “C” in Seongbuk-gu, Sungnam-si.

On July 3, 2018, the Defendant: (a) granted to the Plaintiff permission to occupy and use the “agricultural and plant cultivation”; (b) the place of occupation and use; (c) the area of 162 square meters; and (d) the period of occupation and use from January 1, 2019 to December 31, 2022 (hereinafter “instant permission to occupy and use the road”); (c) However, the instant permission to occupy and use is subject to the condition of permission, stating that “if deemed necessary for the public interest even during the period of permission, the matters to be permitted may be altered or the permission may be revoked” (hereinafter “the instant subsidiary”).

B. 1) However, on November 26, 2018, the Sungnam City announced the Sungnam urban planning facility project (F) project (hereinafter “instant public project”) implemented in Sungnam-si Ewon-si, Sungnam-si, as of November 26, 2018, pursuant to Article 86 of the National Land Planning and Utilization Act and Article 96 of the Enforcement Decree of the same Act, designation of a project implementer (stock company G), and authorization of an implementation plan pursuant to Article 88 of the same Act and Article 97 of the Enforcement Decree of the same Act, and announcement thereof as H at the time of Sungnam-si.

2) The details of the instant public works are as follows: (a) the expansion of the J direction lane in the I School (the extension of the period of 315 meters, width of 3.5 meters), and the expansion of the J direction lane in the direction of the inside direction (the extension of the period of 572 meters, width of 3.5 meters). The road was included in the construction section of the instant public works, which is subject to the instant road occupation permit.

(c)

1) On December 20, 2019, the Defendant received a request from the implementer of the foregoing project to revoke permission to occupy and use roads within a road zone, and completed the procedure of prior notification and submission of opinions under Article 21 of the Administrative Procedure Act. On January 9, 2020, the Defendant revoked the permission to occupy and use the road of this case on the ground of “including areas occupied and used in urban planning facilities within urban planning facilities projects” under the Sub-Section of this case, and then revoked the permission to occupy and use the road of this case on January 10, 202.