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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. A Co., Ltd. (hereinafter “A”) concluded an agreement with the Korea Rural Community Corporation on November 24, 2009 with respect to farming for thirty (30) years on the land designated as a large-scale agricultural company with respect to the aggregate of 1,094,289 square meters in Jeonnam-gun, Namnam-gun, and 119 (hereinafter “A”) in the Korea Rural Community Corporation.
B. On January 24, 2014, A entered into a contract for temporary use of the land with the Korea Rural Community Corporation (hereinafter “instant temporary use contract”).
The main contents of the instant temporary use contract are as follows.
[The period of temporary use of the instant case] Article 1 (Period of Temporary Use) (Period of Temporary Use) for the aggregate of 1,094,289.7 square meters (hereinafter “contractual land”) from January 1, 2014 to December 31, 2014; however, if the Korea Rural Community Corporation is requested to suspend temporary use for an industrial complex development project, public project, etc., the period shall be up to that period.
Article 5 (Duties of Korea Rural Community Corporation) The Korea Rural Community Corporation shall deliver land under the contract terms so that A may use it in accordance with the contract terms and conditions, and notify A of matters, etc. that A should know in advance during the period of the contract for farming.
Article 6 (Obligation of Defendant Company) (1) A shall manage the land under a contract in advance, and shall bear all the expenses incurred in farming.
(2) A shall not perform any of the following acts without approval from the Korea Rural Community Corporation:
1. The Korea Rural Community Corporation may cancel the contract and the designation of a business operator in cases falling under any of the following subparagraphs:
In such cases, A shall not claim damages to the Korea Rural Community Corporation.
3. The normal contractual relationship is maintained as a declaration of bankruptcy, declaration of compulsory composition, etc., or the commencement of rehabilitation proceedings under the Debtor Rehabilitation and Bankruptcy Act is decided due to the insolvency in management of A;