1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. On September 19, 2009, the Plaintiff entered into a contract with the Defendant to acquire permission to occupy and use a river for the Namyang-si C, D, E, and F (hereinafter “each of the instant river sites”) at KRW 380 million (hereinafter “instant contract for transfer and acquisition of permission to occupy and use a river”).

B. On October 8, 2009, the Plaintiff decided to purchase the instant ground factory building in the purchase price of KRW 500 million, with H factory site 1624 square meters and I road 148 square meters (hereinafter “instant factory site”) located adjacent to each of the instant river sites in Yangyang-si, Nam-si, which is located adjacent to the instant river site.

The defendant represented each of the above sales contracts.

C. On November 3, 2009, the Plaintiff succeeded to the Defendant’s right to occupy and use each river site of this case with the permission from November 3, 2009 to February 28, 2013 (hereinafter “instant permission”).

On May 8, 2014, the J-Eup revoked permission to occupy and use rivers pursuant to Article 70 of the River Act and Article 69 of the same Act by notifying the Plaintiff that the period of permission to occupy and use this case has expired.

[Reasons for Recognition] Unsatisfy, Gap 1 through 5 (including virtual numbers), Eul 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant is entitled to the extension of the permission to occupy and use the river site of this case to the plaintiff at the time of the contract for the transfer and acquisition of the right to occupy and use the river site of this case, and the plaintiff is entitled to use the river site of this case on an oral basis by reflecting it.

However, the Jon Eup revoked the occupation permit of this case.

The plaintiff shall revoke the contract for the transfer or acquisition of the right to occupy and use of this case by serving a duplicate of the complaint of this case pursuant to Article 109 of the Civil Act

Therefore, the defendant should return to the plaintiff the transfer price of the right to occupy and use 380 million won.

B. The defendant's assertion is that the right to occupy and use of this case is transferred or acquired.