손해배상(국)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following ‘2. Additional determination' as to the assertion that the plaintiff emphasizes or adds to this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. As to the allegation that the renewal of the loan agreement between the Defendant and C is null and void pursuant to Articles 103 and 104 of the Civil Act, the renewal of the loan agreement between the Defendant and C violates the due process principle under the Constitution, and violates the procedures and methods for the sale of State-owned property under the State Property Act, and the Plaintiff has the right to assert the invalidity thereof. Furthermore, as long as the Defendant first decides on the sale or loan of State-owned property under the State Property Act and initiates the procedures, it is no longer the Defendant’s discretionary power to decide the opposite party under a private contract, and the Plaintiff already requested the Defendant to lease or sell the State-owned property before the renewal of the loan agreement which is null and void between the Defendant and C. In light of all the purport of Article 3 of the State Property Act that takes into account the public value and utility in disposing of State-owned property, the Defendant is obliged to enter into a loan or sale contract with the Plaintiff first priority, in order to determine whether the loan agreement between the Defendant and C is null and void and the Plaintiff’s right to claim invalidation.
In a case where a contract or other juristic act under private law is prohibited from performing a certain act or is performed in violation of a specific legal provision that prescribes the procedure for such act, whether such juristic act is null and void shall comply with it, if there is an express provision, and if not, the purpose and meaning of such provision.