The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 15, 2003, the Defendant entered into a basic agreement on the creation of theme park with the Plaintiff, and on May 20, 2008, the period of permission was set from November 15, 2003 to February 29, 202 as to the buildings, etc. (hereinafter “facilities in this case”) and the buildings, etc. installed on the 58,566§³ and its ground, and granted permission for use of and benefit from the public property and Commodity Management Act and the Ordinance on the Management of the Public Property in Bupyeong-si (hereinafter “instant permission for use”).

B. On August 28, 2019, the Defendant rendered a notification that the instant permission for use was revoked as of December 1, 2019 on the ground that the Plaintiff violated the conditions of permission on sub-lease of the ancillary fact (hereinafter “instant disposition”).

C. The Plaintiff filed a petition with the Gyeonggi-do Administrative Appeals Commission for the revocation of the instant disposition, but the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s claim on March 16, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 11, the purport of the whole pleadings

2. The Plaintiff’s assertion is in violation of the principle of proportionality in light of the Plaintiff’s corrective effort, namely, the continued discontinuance of the business of a sub-leased store, or the comparison and balancing between the public interest achieved by the instant disposition and the Plaintiff’s private interest infringed upon, and contrary to the principle of equality, it violates the principle of equality by treating the Plaintiff differently from other neighboring cases. Since the Defendant expressed the same opinion on March 22, 2019 that the use of this case should be maintained by entering into an agreement with the Plaintiff on the payment of the use-for-profit fee with the Plaintiff, etc

3. We examine ex officio the legality of the instant lawsuit.

A lawsuit seeking the cancellation of an illegal administrative disposition is a lawsuit seeking the restoration to the original state by removing the illegal state caused by the illegal disposition, and protecting and remedying the rights and interests infringed or interfered with the disposition.