1. The part of the judgment of the court of first instance ordering payment under paragraph (2) shall be revoked;

2. The defendant shall pay to the plaintiff KRW 1,397,016,634.

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant’s loan agreement, etc. are the Plaintiff and the Defendant’s 70,073m2 (hereinafter “instant land”).

As of February 14, 2003, the defendant 35,036.8/70,073.6 shares, and the Republic of Korea (the Office of Administration is the plaintiff).

(2) On February 14, 2003, the Defendant: (a) made a loan agreement (hereinafter “instant loan agreement”) with respect to the land portion 34,168.6 square meters in Korea between the Plaintiff and co-owners on March 12, 2003 with respect to the land portion 34,168.6 square meters in Korea (hereinafter “the instant sectionally owned land portion”); and (b) as to the instant sectionally owned land portion, C shared shares 2,632.5/70,07,073. 2) The Defendant concluded a loan agreement with respect to the instant sectionally owned land portion (hereinafter “instant sectionally owned land portion”). The main contents are as follows.

Article 1 The purpose of use shall be a site (cargo terminal site).

Article 2 The annual loan charges under Article 3 from March 12, 2003 to March 11, 2008 (five years) shall be 650,912,000 won: Provided, That the loan charges shall be determined annually based on the value of each property calculated for each year.

Where the loan period expires or the contract of this case is terminated, the defendant shall restore the loan property to the plaintiff and return it to the plaintiff in the presence of the plaintiff.

According to the special agreement, this case is a land owned by the country and three other parties within the distribution business facility (cargo) zone under the Urban Planning Act, and the approval of the cargo terminal development project should be obtained within 6 months after the conclusion of the loan contract. 3, however, the Ansan City Mayor, the competent administrative agency, rejected the application for approval related to the defendant's cargo terminal business. On May 1, 2003, the defendant filed a lawsuit against the Ansan City on May 1, 2003 to revoke the application for the change of the district unit plan (203Guhap2107), and there is a lack of contribution and loan contract with regard to the project operator's qualification.