승낙의 의사표시 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 19, 2018, the Korea Asset Management Corporation, the Defendant’s entrusted institution, notified the Plaintiff of the purport that “at present, sale by free contract cannot be conducted as to each real estate listed in the separate sheet owned by the Defendant, and the lease period for farming can not be more than five years, taking into account whether the land was actually cultivated or the location, form, and purpose of use of the property, etc., after the deliberation of sale.”
On January 1, 2019, with respect to the Korea Asset Management Corporation, which is the entrusted institution of the defendant, and each of the above real estate, the plaintiff entered into a contract for commercial loan of State property with the amount of KRW 164,400 per annum until December 31, 2023.
On September 9, 2019, the Korea Asset Management Corporation, which is the Defendant’s entrusted institution, notified the Plaintiff of the result of the review by the Sales Deliberation Committee following the application for purchase of each of the above real estate.
[Ground] Facts without dispute, Gap No. 135 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. On January 2009, the Plaintiff asserted that the Korea Asset Management Corporation, which is the Defendant’s entrusted institution, applied for the purchase of State property with respect to each real estate listed in the separate sheet, and that each of the above real estate does not constitute an exception to the sale under Article 48(1) of the State Property Act, the Defendant is obligated to express its consent.
3. As examined below, as long as there is no ground to view that the Defendant is liable to sell each of the above real estate, unless there is an exception to sale under Article 48(1) of the State Property Act, the Plaintiff’s claim is without merit, without examining the other issues.
(1) The State Property Act was enacted for the purposes of adequate protection and efficient administration and disposal of State property (Article 1); the defendant's administration and disposal of State property shall conform to the overall interests of the State when it disposes of and disposes of State property; and the acquisition and disposal thereof shall be balanced.