beta
Text
1. The plaintiff's claim of this case against the defendant is all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The land of Pyeongtaek-si B is owned by the Republic of Korea, and is managed by Pyeongtaek-si. The land of this case (hereinafter “instant land”).
B. The head of Pyeongtaek-si concluded a loan agreement with the Defendant to lease the pertinent land from January 1, 2012 to December 31, 2016 (hereinafter “instant loan agreement”), and the main contents thereof are as follows.
Article 3 (Loan Charges) Rent shall be the annual amount (monthly amount or daily amount) as "amount calculated every year".
However, the rent for the following year shall be determined annually pursuant to Articles 29 and 31 of the Enforcement Decree of the State Property Act.
Article 4 (Payment of Rent) In the case of temporary payment, Eul shall pay the rent in lump sum by no later than January (1) of the year, and if the rent is not paid by the due date, the late payment charge shall be paid pursuant to Article 73 of the State Property Act.
Article 8 (Cancellation of Loan Agreements) In cases falling under any of the following subparagraphs, A (PPS) may cancel this Agreement against B (Defendant).
1. to 4. (Dismissal omitted)
5. Where he/she violates other Acts and subordinate statutes related to State property and this contract provisions.
C. As to the instant loan agreement, Article 36 of the State Property Act provides for the following:
Article 36 (Cancellation or Withdrawal of Permission for Use) (1) Where a person who has obtained permission for use of administrative property falls under any of the following cases, the head of a central government agency may revoke or withdraw such permission:
1. paragraphs 1 through 3. (Dismissal Omitted)
4. Where he/she fails to pay the user fee by the payment deadline, or fails to deposit the deposit or take measures to guarantee performance under the latter part of Article 32 (2);
D. The Plaintiff succeeded to the status of the instant loan agreement from the head of Pyeongtaek-si.
【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Defendant: (a) the annual rent of KRW 163,540 for the year 2012.