손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 8, 2004, Nonparty B, C, and D (hereinafter “B, etc.”) entered into a loan agreement (hereinafter “instant loan agreement”) with the Defendant, setting the loan period as to the E Miscellaneous land in the Donnam-gun-gun, Jeonnam-gun, the State-owned (hereinafter “instant land”) and 172,841 square meters in F miscellaneous land (hereinafter “instant land”) from March 8, 2004 to March 7, 2009, setting the loan period as from March 8, 2004 to March 7, 2009.
B. On September 9, 2004, B, etc. filed a report on inland fish farming with the Defendant on the instant land that he/she would build a festival farming facility on the instant land and cultivate fishes, fish, and other marine animals and plants. On September 9, 2004, B, etc. received the certificate of completion of the fishery report on the instant land fish farming (hereinafter “the instant fishery report”).
C. Meanwhile, since February 2004, in order to lead the environment-friendly new and renewable energy business in the Republic of Korea and revitalize the west-gu tourism industry and the regional economy, the Defendant promoted the project to build H, including the instant land, and around April 22, 2005, the State Property Management Plan related to the above H construction was approved from Jeonnam-do, Jeonnam-do. On April 30, 2005, the Defendant notified that the instant land was selected as the prospective site for the H construction and the instant loan agreement can be terminated in the future. Since eight parcels, such as the instant land, etc., were determined as the promotion district for the construction of the said H construction, on May 9, 2005, the instant loan agreement was terminated pursuant to Article 8 (1) 1 of the Loan Agreement (Evidence No. 2 and No. 1, No. 1, the same shall apply to the evidence No. 1, No. 3, and on May 23, 2005).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 6, 8, Eul evidence Nos. 1 through 5 and 8 (including paper numbers), the purport of the whole pleadings
2. The Parties’ arguments; and