1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. Article 54(5)2 of the Regulations on Delegation and Entrustment of Administrative Authority (amended by Presidential Decree No. 21978, Jan. 6, 2010; Article 51(8)1 of the same Act before amended by Presidential Decree No. 21211, Dec. 31, 2008; Presidential Decree No. 21211, Dec. 31, 2008; the Minister of Land, Infrastructure and Transport (the Minister of Land, Infrastructure and Transport entrusted the management affairs to the Defendant by the Minister of Construction and Transportation at the time of granting the first permission for use and profit-making to the Defendant; the Minister of Land, Infrastructure and Transport was a truster of the management affairs around the date of renewal permission; however, the Minister of Land, Infrastructure and Transport changed the administrative organization.

The Minister of Land, Infrastructure and Transport shall be classified as follows:

The management affairs, such as permission for use of the above land, were entrusted by the public.

B. On June 22, 2006, the Defendant decided the instant land as a road zone (traffic square) within the section of the “Small Highway Construction and Transportation” section by the Ministry of Construction and Transportation Notice No. 2006-201, and requested the Plaintiff to hold a consultation on the use of the instant land, which is a water site. Accordingly, on May 29, 2007, the Plaintiff presented a plan to build a road after obtaining permission for use and profit-making of state-owned property pursuant to Article 92(6) of the National Land Planning and Utilization Act, since it is impossible for the Plaintiff to change the category of the water site inside the road zone.

C. On June 27, 2007, the defendant expressed his intention to consent to the above plan, and submitted an application to the plaintiff for permission to use and benefit from the land of this case to the plaintiff. On July 5, 2007, the plaintiff permitted the defendant to use and benefit from the land of this case by setting the period of use from July 5, 2007 to December 31, 2009. The condition of permission for use and benefit stated the part on the payment of user fees at the time of permission.