1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On June 26, 2000, the Army B unit under the territory of the Republic of Korea (hereinafter “B unit”) entered into an agreement with the Gangnam-gu Seoul Metropolitan Government United Defense Council (hereinafter “GJ”) on the establishment, donation, and permission for use and benefit-making of D in the territory of the Army (hereinafter “C unit”) which belongs to B military units (hereinafter “C unit”) with regard to the establishment, donation, and permission for use and benefit-making of D in the military unit (hereinafter “instant agreement”).

A: B unit: Article 6 (Bearing Expenses) (1) of the Gangnam-gu Council for Defense shall bear the expenses incurred in constructing a cafeteria building.

Article 11 (Implementation of Procedures for Donation, etc.) (1) A shall contribute a cafeteria building built and ancillary facilities attached thereto to A after being registered for preservation in the name of B.

Provided, That this shall not include movable equipment, such as air conditioners, air conditioners, and keyboards.

Article 12 (Permission for Use and Benefit, etc.) (1) If a person files an application for permission for use and benefit for the operation of a restaurant with respect to the property donated to him/her for the operation of the restaurant after donated the cafeteria constructed, it shall be permitted pursuant to the provisions of subparagraph 1 of Article 26 of the State Property Act.

(2) The usage fees to be paid to Gap in granting permission for use and profit under paragraph (1) shall be exempted, and when such fees are paid, Articles 25 and 26 of the State Property Act and Article 28 of the Enforcement Decree of the same Act shall apply.

(3) The period during which Gap's use of and profit from the restaurant building in cafeteria to Eul shall be renewed every three years, and in principle, Gap shall use the first period for the use of and profit from the cafeteria building to Eul, who is the donor of the cafeteria building.

(4) Where Eul intends to renew under paragraph (3), he/she shall file an application for permission to reuse and benefit 30 days before the expiration of the previous use and benefit period for use and benefit with Gap.

Article 13 (Operational Entity, etc. of cafeterias) (1) The name and responsibility of cafeterias shall be held, and A shall bear the costs of constructing the cafeterias.