1. The plaintiff's claim is dismissed.

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

1. Basic facts

(1) The building indicated in the attached list is owned by Busan Metropolitan City, and the Plaintiff leases and operates the building in accordance with the Public Property and Commodity Management Act, the Busan Metropolitan City Ordinance on Management of Underpasses, and the management and operation regulations of underground shopping malls.

⑵. 원고는 2017. 10. 25. 부산시설공단 공고 D에 따라 별지 목록 기재 건물의 지하1층 7003.34㎡중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㄱ의 각 점을 차례로 연결한 선내 B번 C 점포 724.34㎡(이하 ‘이 사건 점포’라 한다)에 대한 최고가 방식의 일반경쟁 임대입찰을 하는 공고를 하였는데, 당시 입찰공고에는 입찰참가와 관련한 유의사항으로 ‘재고품을 저가로 급히 판매하는 땡처리(땡처리업자로 적발된 경우 계약 해지)’라고 기재되어 있었다.

Secondly, the Defendant participated in the tender and was awarded a successful bid in the rent of KRW 735,50,000 on November 9, 2017 (one time in four installments each), and the Plaintiff and the Defendant set the lease term on November 14, 2017 from December 17, 2017 to December 16, 2018, and entered into a lease agreement including the following (hereinafter “instant lease agreement”).

Article 8 (Prohibition of Transfer of Right of Lease) (1) A lessee shall not sublease, transfer or take over a leased store in any case.

Article 11 (Lessee's Duty to Observe) (1) A lessee and an employee (employee of a store) of a lessee shall comply with municipal ordinances, the Corporation Regulations, and all other Acts and subordinate statutes, and shall fulfill his/her duty of care as a good manager.

(2) No lessee shall conduct any business activity of restricted types of business prescribed by relevant Acts under Article 17 of the Regulations of the GEPS, and any type of business determined and restricted by the GEPS.

(7) No lessee shall do any of the following acts:

7. Disturbing the maintenance of public order of underground shopping malls or hindering the revitalization of commercial buildings, Article 12 (Termination of Lease, etc.) (1) Article 9 or 9 of the Regulations of the Corporation.