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1. The Plaintiff:
A. Defendant A Co., Ltd.: (a) out of 16,416 square meters of Gangwon Yangyang-gun E Miscellaneous land; and (b) indicated in attached Form 1, 2, 1.
Reasons
1. Basic facts
A. On January 30, 1997, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a tourist facility business agreement (hereinafter “instant agreement”) with the Plaintiff on land F, G, E, etc. (hereinafter “instant site”) owned by the Plaintiff as follows. The Plaintiff did not undergo a resolution of the Yangyang-gun Council, a local council in concluding the instant agreement containing the content of donation of permanent buildings at the time.
1) The Plaintiff loaned part of the instant site to Defendant A so that Defendant A may install and operate a facility. Defendant A completed the installation of a facility on a part of the instant site, and then donated the permanent building to the Plaintiff within a certain period of time, and the other facilities shall be installed upon permission granted under the condition of voluntary removal. The Plaintiff may use the facilities donated to the Plaintiff free of charge for a certain period of time (Article 2, 6) pursuant to the relevant Acts and subordinate statutes (Article 2, 6). Defendant A shall pay to the Plaintiff a performance guarantee bond equivalent to 6% of the cost of a facility investment project based on a basic business plan to the Plaintiff in cash or a surety insurance policy at the time of concluding a loan agreement, and shall pay a loan fee calculated in
(4) Article 8(3) of the Act provides that Defendant A shall manage the leased facilities by fulfilling his/her duty as a good manager, enter into a non-life insurance contract to compensate for damage to all facilities, such as fire and insurance, and shall conduct a regular inspection once a year (Article 10(4) of the Act) when Defendant A intends to manage and operate the leased facilities by installments, he/she shall obtain prior approval from the Plaintiff.
(Article 11). 5 The plaintiff may cancel the agreement when the defendant A fails to comply with the direction of the plaintiff concerning the implementation of the agreement, and when the agreement is cancelled, the defendant A invested.