1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 25, 1972, the Seoul Special Metropolitan City (hereinafter “instant project site”) was determined as urban planning facilities and has been developed as a D amusement park.

B. E, a company that is an executor of an urban planning facility project for creating a D amusement park (hereinafter “E”) (hereinafter “instant project”), was promoting the activation of the development of D amusement park around 2000. On November 13, 200, with respect to a F-new project among the instant project, from the Daegu Metropolitan City head, Daegu Metropolitan City, the implementation plan was amended by changing the F-built project from E to the Plaintiff.

C. On March 2004, the Plaintiff, along with G Co., Ltd., donated to Daegu Metropolitan City Mayor the land equivalent to KRW 1,102,497,00,00 in size as at the time of the instant project site to a road site. On July 14, 2004, the Plaintiff donated land of KRW 1,378,877,00 in size as at the said road site to the Daegu Metropolitan City Mayor, as at the time of the instant project site. On July 14, 2004, the Plaintiff donated land of KRW 6-15 meters in size, road of KRW 417.9m in length, and its appurtenant facilities to the said road site.

(hereinafter referred to as “the respective donations of this case”) D.

The plaintiff is currently engaged in F business within the business site of this case, and the defendant is running a swimming pool and tourism business within the business site of this case.

[Fact that there has been no dispute] The fact that there has been no dispute, Gap's 1 through 26 (including arbitrative numbers), Eul's 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is that the Defendant’s representative director, as a co-representative of E, changed the event of the new project from E to the Plaintiff with respect to the new project, and included the Defendant’s business schedule in the instant project site.

The Plaintiff, while implementing the F-Newly-built project, donated facilities equivalent to KRW 1,102,497,00 to the competent authority, such as road sites, and roads equivalent to KRW 1,378,87,00.

The defendant shall hold a swimming pool within the business site of this case.