1. The plaintiff's petition for retrial is dismissed.

2. The costs of retrial shall be borne by the plaintiff.

1. Basic facts

A. Case No. 1) B, C, and D (hereinafter “B, etc.”)

On March 8, 2004, the Defendant and the Defendant owned 133,279 square meters and 172,841 square meters and 172,841 square meters and miscellaneous land owned by the State (hereinafter “instant land”).

As to the loan period, the loan agreement for State property (hereinafter “instant loan agreement”) shall be determined from March 8, 2004 to March 7, 2009.

Upon entering into a contract, “B, etc.” (Article 7 subparag. 3); “B, etc. shall not transfer facilities installed in the leased property without the approval of “B, etc.” (Article 7 subparag. 1); “B, etc. may cancel the instant loan agreement against “B” (Article 8(1)); and “B, etc. shall not compensate for any damage inflicted on B, even if it comes to the case of paragraph (1)” (Article 8(2) and “B, etc. shall return the excess payment amount to B and compensate for any other damage inflicted on B, etc.” (Article 8(2)2); thereafter, on September 204, 200, B, etc., installed a festival farming facility on the instant land and issued a report on cultivation of fish and other marine animals and plants on the instant land (hereinafter “instant report on cultivation of fish”) to the Defendant under Article 35(1) of the former Fisheries Act (amended by the Act No. 4135, Apr. 1, 2004; hereinafter the same shall apply).

3) Meanwhile, in order to lead the environment-friendly new and renewable energy business in Korea from February 2, 2004 and to revitalize the tourism industry and the regional economy in west-do, the Defendant’s project to build H in the New-gun G G G including the instant land (hereinafter “the instant project”).