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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 1-1-4, Gap evidence 2, Eul evidence 3, Eul evidence 1-7, Eul evidence 8-1, 2, Eul evidence 9-11, Eul evidence 12-1, and Eul evidence 12-2:
On July 9, 2008, the Plaintiff obtained from the Defendant with respect to Seongdong-gu Seoul, Seongdong-gu (hereinafter “the instant real estate”); the location of the property is the bicycle rental facility (side to the visitor center); the area is 18 square meters in the management office; the period of use is 126 square meters in the bicycle storage facility; the period of use is 3 years from July 15, 2008 to July 14, 201; the purpose of use is the operation of the bicycle rental facility; the first year user fee is 22,30,000 won (including value-added tax; hereinafter the same shall apply); and the permission of use of the instant real estate is subject to the conditions described below. The permission of use of the instant case includes the following.
Article 3 (User Fee) 1 of the General Conditions for Permission to Use the Major Contents of the Terms and Conditions for Permission to Use the Use of this case, the first year user fee shall be KRW 22,300,000,000,000 of the first successful bid price.
Provided, That the number of days less than one month shall be calculated on a daily basis in calculating a monthly basis.
(2) The user fees from the second year shall be calculated by the following formula, and the provisions of Articles 14 and 31 of the Enforcement Decree of the Public Property and Commodity Management Act shall apply mutatis mutandis to all matters according to the calculation of user fees.
Article 4 (Payment of Fees) (1) The user fees for the first year determined by a tender 】 The user fees for the first year shall be paid within the designated period in accordance with a payment notice issued by the Si, and if the user fees are not paid within the designated period, the late payment fees shall be collected from the date on which the payment period expires in accordance with Article 22 of the Public Property and Commodity Management Act and Article 80