채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
(a) On April 11, 2008, a marina industry development company (hereinafter referred to as the "Mado industry development company") obtained permission for development for the purpose of creating a mine site for the land, etc. of 16-1 in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and thereafter obtained permission for development for the purpose of creating a site for the development of a mine, and thereafter, obtained permission for each development for the purpose of creating a mine site for the purpose of creating a site for the land of 32-1 in the single lot for the land of Y-dong 37 land, creating a site for the development of a mine (aline and an open site), creating a site for the development of a mine (aline and an open site) in the single lot for the land of 316-5 land of Yandong 316-5 land, and the development of a mine (a
("each of the lands in this case" is referred to as "each of the lands for which each of the above permission for development activities was granted."
In accordance with Article 38 of the Mountainous Districts Management Act, a license guarantee contract was concluded with the Seoul Guarantee Insurance Company and the insurance policy was deposited in Chungcheong City.
C. As the above development permit ends on April 30, 2014, the head of Chungcheongju City ordered the restoration of mountainous districts for the development of marina industry, and the development of marina industry and the Plaintiff entered into an authorization and permission guarantee contract with the Defendant under Article 38 of the Management of Mountainous Districts Act (hereinafter “instant guarantee contract”) on the attached list, and deposited in Chungcheong City upon receiving the insurance policy.
On April 6, 2015, the Plaintiff was awarded a contract for the mineral extraction work from the development of marina industry to the cost of construction of KRW 3.3 billion (including value-added tax) in Chungcheongnam-dong, Chungcheongnam-do for mountainous district restoration work.
E. Meanwhile, the procedure of voluntary auction and compulsory auction was initiated for each of the instant lands, and the Plaintiff failed to implement the restoration work due to the existence of the lien holder who occupies each of the instant lands.
Notwithstanding the promotional Gu for the fulfillment of the restoration obligation, the head of the Chungcheong City is not implementing the development of marina industry, and the defendant is dissatisfied with October 6, 2015.