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1. The Defendant’s disposition of imposition of KRW 659,791,070 of indemnity against the Plaintiff on June 4, 2015 is revoked.
2...
Reasons
1. Circumstances and facts of the disposition;
A. On January 21, 1997, the Plaintiff and the Defendant entered into an agreement with the Defendant on the business of tourist facilities (hereinafter “instant agreement”) with the content that the Plaintiff uses facilities donated to Yangyang-gun free of charge for a certain period of time (hereinafter “instant agreement”). The Defendant leased the Plaintiff a 5,428 square meters and B miscellaneous land owned by Yangyang-gun, Yangyang-gun, and 8,368 square meters (hereinafter “the instant land”). The Plaintiff installed the above facilities, and then donated the permanent buildings to Yangyang-gun within a certain period of time.
B. On September 30, 1997, the Plaintiff completed the instant land’s neighborhood living facilities “Dong” (hereinafter “Dong”) and “Dong Dong” (hereinafter “Dong”) on the instant land, and concluded a public property loan agreement with the Defendant on October 30, 1997 with regard to the instant land.
The plaintiff contributed the operation and operation to Yangyang-gun, and completed the registration of transfer of ownership in the name of Yangyang-gun with respect to each of the above buildings.
C. After that, on August 27, 2004, the Defendant notified the Plaintiff that the instant agreement was cancelled on the grounds that the Plaintiff did not perform the Plaintiff’s contribution acceptance of the facilities, did not pay rent, and did not perform the matters to be observed for the management of the facilities.
The Yangyang-gun filed a lawsuit against the plaintiff and the owner of the obstacles to the land of this case except for the operation and Nadong, which are in the name of Yangyang-gun around February 2006, claiming the removal of the obstacles and the transfer of the land of this case (Seoul District Court Decision 2006Gahap127). Since the agreement of this case was terminated due to the plaintiff's non-performance of obligation, the plaintiff delivered the land of this case to Yangyang-gun, removed obstacles owned by the plaintiff, and the owners of obstacles except the plaintiff shall remove obstacles to the land of this case and deliver the land of this case to Yangyang-gun.