1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On March 8, 2004, B, C, and D (hereinafter “B, etc.”) entered into a loan agreement (hereinafter “instant loan agreement”) with the Defendant, setting the loan period of 133,279m2,841m2 (hereinafter “instant land”) with respect to the Emiscellaneous land in the Yandong-gun, Jeonnam-gun-gun, the State owned by the State during the period from March 8, 2004 to March 7, 2009, and “B, etc. shall not transfer the facilities installed in the leased property without the approval of the Defendant” (Article 7 subparag. 3); “When public use or public works are required; when the Defendant resells the leased property or disposes of the rights thereof (Article 7 subparag. 1); “A shall return the leased property to the Defendant (Article 8(1)2); and “B, etc. shall not be liable for damages” (Article 8(1)2).

B. After September 2004, B, etc. installed a festival farming facility on the instant land and submitted a report on the land fish farming business (hereinafter “the instant report”). On September 9, 2004, the Defendant notified B, etc. that the instant report on the instant fishing business was accepted with limited conditions under Articles 45 and 34 of the former Fisheries Act (amended by Act No. 7314 of Dec. 31, 2004) on the said report on September 9, 2004, the Defendant issued B, etc. a certificate of completion of the instant report on the instant fishing business on the said land to B, etc.

C. On the other hand, from February 2004, the Defendant has been promoting the construction of H in the Nananannam-gun G G G, including the instant land, in order to lead the environment-friendly new and renewable energy business in Korea and revitalize the Southwest-gu tourism industry and the regional economy. On the other hand, the Defendant around April 22, 2005.