A. Defendant Republic of Korea shall pay to the Plaintiff 128,809,725 won with 5% interest per annum from June 2, 2009 to January 19, 201, and 20% interest per annum from the next day to the day of full payment.

B. The plaintiff's remaining claims against the defendant Republic of Korea are dismissed.

2. The plaintiff's appeal against the Korea Land and Housing Corporation, which is the lawsuit acceptance system of Defendant Korea Land and Housing Corporation, is dismissed.

3. 60% of the total litigation costs between the Plaintiff and the Defendant Republic of Korea shall be borne by the Plaintiff, and the remainder shall be borne by the Defendant Republic of Korea, and the Plaintiff’s appeal costs against the Korea Land and Housing Corporation, which is the litigation acceptance

4. The above paragraph 1(a) may be provisionally executed.

The defendants jointly and severally pay to the plaintiff 50 million won and the amount equivalent to 5% per annum from June 2, 2009 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff corresponding to the above order for payment shall be revoked. The defendants jointly and severally pay to the plaintiff 240,150,000 won with 5% per annum from June 2, 2009 to the service date of the copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

3. Purport of incidental appeal;

The judgment of the court of first instance against the defendant Republic of Korea shall be revoked, and the plaintiff's claim corresponding to the above revocation shall be dismissed.

(a) Conclusion of loan agreements;

On April 16, 2008, the Plaintiff entered into a loan agreement (hereinafter “instant loan agreement”) with the Korea Land Corporation (hereinafter “instant land”) with regard to the land of the same 18,785 square meters (number 1 omitted), which is a State-owned land, prior to the merger with Defendant Republic of Korea on behalf of Defendant Republic of Korea, with respect to the same (number 2 omitted), 47,494 square meters prior to the same (number 3 omitted), and 1,920 square meters prior to the same (number 3 omitted).

Article 1 The purpose of use of the leased property shall be designated for cultivation, and the plaintiff shall accept it and shall not use or benefit from the leased property for any purpose other than the designated purpose.

Article 2 The duration of this Agreement shall be five years from April 15, 2008 to April 14, 2013.

Article 3 Rent shall be KRW 30,330,000 per annum.

Article 7

(1) In any of the following cases, the defendant Republic of Korea may cancel this contract against the plaintiff:

1. Where the loan property is needed for public, public, or public works;

2. When the plaintiff subleases or disposes of rights to the loaned property;

3. When he fails to report the administrator, in the event that the plaintiff has no address or domicile in Korea;

4. When the plaintiff has used the loaned property for purposes other than those specified in this contract;

5. Where the plaintiff violated the State property Acts and subordinate statutes and the above contract provisions.

(2) In the case of paragraph (1) (i), even if the Plaintiff suffers loss, the Defendant Republic of Korea shall not compensate for it: Provided, That in the case of subparagraph 1, the Defendant Republic of Korea shall return the Plaintiff’s excessive payment and compensate the Plaintiff

(b) Progress of projects to create environmentally friendly leisure greenbelts;

(1) The Ministry of Land, Transport and Maritime Affairs, as part of the promotion to cope with low carbon, green growth and climate change on December 2008, the Ministry of Land, Transport and Maritime Affairs intended to implement the project to create environmentally friendly leisure green belt by utilizing the land purchased in the development-restricted zone, and submitted a land survey report on the eligibility for the project from local governments that wish to implement the project on February 2, 2009. The Daegu Metropolitan City, on February 26, 2009, selected six parcels located in the Daegu Suwon-gu High-dong High-dong, including the instant land as the eligible candidate and ordered the Korea Land Corporation to prepare and submit the land survey report thereon.

(2) On March 2009, the Ministry of Land, Transport and Maritime Affairs conducted an on-site investigation and assessment of 7 lots of land subject to the submission of the project plan, and around April 1, 2009, 4 lots of land, including 6 lots of land located in the Daegu Suwon-dong, Daegu-dong, including the instant land, were selected as a site for the creation of leisure green belt.

(3) On April 3, 2009, the Internet newspaper published an article stating that “A water-family park is created on a lot of 73,270 square meters in Daegu Suwon-dong (number 1 omitted) as part of the government’s project to create an eco-friendly leisure green belt.”

C. Termination of the instant loan agreement

On March 8, 2009, the Plaintiff was under investigation by the Ministry of Land, Transport and Maritime Affairs from the Korea Land Corporation in order to select a resident resting area project site. The Plaintiff was also informed of the termination of the instant loan agreement as of April 15, 2009, when the instant land was determined as a site subject to the environment-friendly leisure green belt creation project.

D. Plaintiff’s claim for damages

On June 1, 2009, the Plaintiff filed a claim for damages with the Korea Land Corporation for an input amount of KRW 59.3 million (one year rent of KRW 30.3 million, KRW 27 million, KRW 27 million, and KRW 200,000,000) and KRW 680,000,00 expected profit for the next four years, due to the termination of the instant loan agreement. However, the Korea Land Corporation rejected it on the 11th of the same month.

E. Meanwhile, the Defendant Korea Land and Housing Corporation established by Korea Land and Housing Corporation on October 1, 2009 and comprehensively succeeded to the property, claims, debts, and all other rights and obligations of Korea Land and Housing Corporation (hereinafter “Defendant Land and Housing Corporation”) (hereinafter “Defendant Land and Housing Corporation”).

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 11 to 13, Eul evidence 1 to 5 (including each number), the video and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff

Defendant Korea shall compensate the Plaintiff for damages pursuant to Article 7(2) of the instant loan agreement, and Defendant Korea Land and Housing Corporation shall jointly and severally compensate the Plaintiff for the damages incurred to the Plaintiff, and Defendant Korea Land and Housing Corporation shall, if the instant loan agreement is terminated, have a duty to notify the Plaintiff in advance of such risks and to provide time and time to prepare for the Plaintiff not to suffer from the damages caused to the Plaintiff, despite the fact that the instant loan agreement may be terminated, Defendant Korea Land and Housing Corporation did not inform the Plaintiff of the circumstances other than telephone prior to the official announcement that the instant loan agreement may be terminated. As such, Defendants shall jointly and severally compensate for the damages suffered by the Plaintiff, as follows.

(1) Loan charges of 30,300,000 won per year;

(2) 1,550,000 won for the smooth carbon work of the land in this case using scrails, etc.

3. Expenses 12 million won for Roter work using Trackors

④ Personnel expenses of 2 million won (50,000 won per day x 40 days) due to the planting of fruit trees and the use of human parts for the neighboring disposal works, which were planted on the land of this case.

(5) The amount of loss in farming for two years calculated by applying mutatis mutandis Article 77 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and Article 48 of the Enforcement Rule of the same Act, which shall apply to the loss in farming for two years, calculated by losing the opportunity for farming by unilateral termination of the contract of the defendant Republic of Korea.

B. The Defendants

Of the damages alleged by the plaintiff, ① the period of one year from the effective date of the loan agreement of this case until April 15, 2009, when the termination notice takes effect, the plaintiff could sufficiently cultivate the land of this case and profit from the land of this case. ② through (4) losses are merely incurred by the plaintiff for his own business, and they are not in the nature of returning all. ⑤ The compensation of damages and its scope shall be calculated by considering that the defendant was due to lawful exercise of the right of termination based on the loan agreement concluded with the plaintiff as a private economic activity, and the provisions concerning expropriation under the public law, which are conducted regardless of the intention of the parties, shall not apply to this case by analogy. In addition, the defendant Korea Land and Housing Corporation is merely an agent of the defendant Republic of Korea, and the plaintiff's claim against the defendant Korea Land and Housing Corporation is not a party to

3. Determination

A. Claim against Defendant Republic of Korea

(1) As the instant land was determined as a site for creating environment-friendly leisure green belt promoted by Defendant Republic of Korea, Defendant Republic of Korea terminated the instant loan agreement around April 8, 2009, Defendant Republic of Korea is obligated to compensate the Plaintiff for damages incurred by the termination of the loan agreement pursuant to Article 7(2) and (1) of the instant loan agreement.

(2) Furthermore, the scope of damages can be seen as pertaining to the scope of damages.

(A) If a party to a contract knew or could know the other party of the expenses that the party has promised to perform, and if it belongs to the scope of ordinary expenses, he/she may also claim compensation within the scope of the benefit of performance. However, in cases where damages equivalent to such expenses are claimed as damages equivalent to the benefit of lost profit, it shall be deemed that the benefit of lost profit is limited to net profit after deducting all the expenses (see Supreme Court Decision 91Da29972 delivered on April 28, 1992).

(b) Expenditure costs

1) The fact that the Plaintiff paid rent of KRW 30,300,000 to the land of this case for one year does not conflict between the parties, but the above rent should be restored to its original state in return for the Plaintiff’s default, in accordance with the principle of termination of the contract, and the contract cannot be deemed as the expenses incurred by either party in beliefing the other party’s performance, and thus does not fall

2) According to Gap evidence 2, Gap evidence 3- 11, Eul evidence 4- 5, Gap evidence 6- 1, Gap evidence 8- 2, Gap evidence 1- 9- 10, Gap evidence 15-1 to 6, Eul evidence 20, Eul evidence 20- 18, Eul evidence 20- 20, Eul evidence 20- 24, Eul evidence 20-1 and Eul evidence 20-1 to 5-17, the plaintiff's total expenses were paid to non-party 1 and non-party 1's non-party 2's non-party 2's non-party 2's non-party 1's non-party 5's non-party 2's non-party 2's non-party 1' and non-party 2's non-party 2's non-party 1's non-party 2's non-party 1's non-party 2's non-party 1'.

3) The Plaintiff sought payment of 15,325,200 won (63,855 won per South Korean portion per day x 20 days x 12 months x 12 months) of labor value, which the Plaintiff comprehensively manages the clearing of the instant land for one year, and puts illegally dumped garbage and gravel into the work, etc., but it is difficult to find that the Plaintiff suffered such loss even if it is based on the Plaintiff’s previous proof, it is difficult to find that the Plaintiff suffered such loss. Accordingly, the Plaintiff’s claim for this part is without

(C) Future expectations;

According to Article 7 (1) and (2) of the loan agreement of this case, the defendant Republic of Korea does not compensate the plaintiff for any damage incurred to the plaintiff when the contract is terminated due to the plaintiff's circumstances, such as the plaintiff's violation of the contract clause. On the other hand, if the contract is terminated due to the necessity for public works, etc., it is decided that the land of this case is the site subject to environment-friendly leisure green belt creation project. Since the land of this case is terminated as the land of this case, it is necessary to conduct the work to improve the gradation and soil quality of the land in order to develop the gradity in good faith because it has not been cultivated for a considerable period of time. On the other hand, since the term of the loan agreement of this case was five years long-term, it is anticipated that the plaintiff can recover sufficient input costs and completed farming preparation by cultivating the land of this case for six months, it is reasonable to view that future profits suffered by the plaintiff due to the plaintiff's loss of farming opportunities due to the cancellation of the contract of this case

On the other hand, in the verification of future profits, the degree of certification is reduced compared to the degree of certification in the past facts, and it shall be deemed sufficient to prove profits with considerable probability within the extent of not losing the rationality and objectivity, rather than to prove specific and reliable profits that can be gained by creditors (see the above Supreme Court Decision 91Da2972, supra). In this case, as the land in this case was determined as the site subject to environment-friendly leisure green belt development projects, the damage was inflicted on the loss of farming rights due to the plaintiff's loss of farming rights, so Article 7 (2) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 48 (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects [referring to the farmland incorporated into a public-service project zone (referring to the land falling under subparagraph 1 (a) of Article 2 of the Farmland Act; hereafter the same shall apply in this Article and Article 65]; Article 38 (1) of the Enforcement Rule of the Act on Acquisition of and Compensation for Agricultural Villages City shall apply to the total of Gyeonggi-do.

However, in the case of this case, it is reasonable to view the amount calculated by multiplying the annual average of farm household per unit cultivated area of 56,198 square meters developed by the Plaintiff as damages in light of the overall circumstances revealed in the pleadings, such as the fact that the instant land under Article 7 of the instant loan agreement was agreed to allow the Plaintiff to terminate the contract where it is necessary for the public works, and the possibility of termination of the contract was predicted even as the Plaintiff could have been included in the total area of 68,199 square meters.

In calculating the amount of damages as seen above, 9,259,725 won [56,198 square meters of the reclaimed area among the land in this case 】 (2,2310,000 won of crops import ± 12,631.28 square meters of the current status of sample farmers in Gyeongbuk-do among the total income from agriculture in Gyeongbuk-do] is deemed as 9,259,725 won (the purpose of the entire arguments and arguments) (the evidence No. 222-2, 3 of this case and the purport of the whole pleadings).

B. Claim against the Korea Land and Housing Corporation

The Defendant Korea Land and Housing Corporation is not only a person who, under the instant loan agreement, entered into the said loan agreement on behalf of the Defendant Republic of Korea on behalf of the Plaintiff, but also as seen earlier, notified the Plaintiff of the fact that the instant land was one of the expected sites for creating leisure green areas. From April 1, 2009 to April 1, 2009, the date on which the instant land was finally selected as the site for the creation of leisure green areas. Thus, it is reasonable to deem that the Plaintiff was likely to terminate the instant loan agreement around March 2009. Thus, it is reasonable to deem that the Plaintiff was aware of the possibility that the instant loan agreement will be terminated. Since the notice of termination was made one week after the date on which the instant land was finally selected as the site for the creation of leisure green areas, it is difficult to deem that the said Defendant caused damages to the Plaintiff due to the termination of the said loan agreement. Thus, the Plaintiff’s claim against the Defendant Korea Land and Housing Corporation is without merit.

C. Sub-committee

Therefore, Defendant Republic of Korea is obligated to pay to the Plaintiff damages arising from the termination of the instant loan agreement (29,550,000 won +9,259,725 won) and damages for delay at each rate of 20% per annum under the Civil Act from June 2, 2009, which is the day following the date on which the Plaintiff demanded compensation for damages, until January 19, 201, the date on which the said Defendant rendered a reasonable judgment of the court of first instance, for the existence and scope of the obligation, until January 19, 201, and for the period from the next day to the date on which the full payment is made.

4. Conclusion

Therefore, the plaintiff's claim against the defendant Korean Land and Housing Corporation shall be accepted within the extent of the above recognition, and the remaining claims shall be dismissed as without merit. The part against the defendant Korean Land and Housing Corporation in the judgment of the court of first instance shall be dismissed as it is without merit. Since the part against the defendant Korean Land and Housing Corporation in the judgment of the court of first instance is partially unfair, it shall be accepted as part of the plaintiff's appeal and incidental appeal against the defendant Korean Land and Housing Corporation, and the part against the defendant Korean Land and Housing Corporation shall be modified as above, and it is reasonable to conclude as to this.

Judges Jins and decorations (Presiding Judge)