1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since March 1989, the Plaintiff operated a cafeteria at C school located in Busan Metropolitan City, which was owned by Busan Metropolitan City (hereinafter “instant store”) and was converted into school meal service around April 2003, the Plaintiff operated a store and a door room (hereinafter “instant store”) in attached Form 1, which is administrative property, within the above C school from around that time.

(b) Acts and subordinate statutes concerning the calculation of usage fees of administrative property shall be as follows:

Article 22 (Use Fees) (1) The head of a local government shall collect user fees each year according to the rates and methods prescribed by Presidential Decree when he/she permits the use or profit-making of administrative property.

Article 14 (Use Fees) (1) of the Enforcement Decree of the Public Property and Commodity Management Act (1) The annual user fees under Article 22 (1) of the Act shall be determined by municipal ordinance of a local government within the extent of at least 10/1,000 per annum of the appraised price of the relevant property reflecting the market price, and may be calculated on a monthly or daily basis.

Provided, That where other Acts and subordinate statutes provide for special provisions concerning the fee for the use of administrative property (Presidential Decree No. 21447, 22319, 24631, 25441), such Acts and subordinate statutes shall govern (Presidential Decree No. 2147, 22319, 24631, and 25441).

Provided, That where other Acts and subordinate statutes provide special provisions concerning the fees for using administrative property, etc., such Acts and subordinate statutes shall govern.

(Presidential Decree No. 2072, 19816, and 1927). Article 25 (Operation of General Property Loans) of the Busan Metropolitan City Ordinance on the Management of Public Property under the jurisdiction of the Special Accounts for Educational Expenses (Presidential Decree No. 2072, 19816, and 1927) shall apply mutatis mutandis to the usage fee rate of administrative property, etc., permission for temporary use of and profit from,

§ 30. (Loan Rate)