1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

(b).

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for a change in the following parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The relevant legal principles from the first to the sixth following the seventh sentence shall be amended as follows:

“A legal relationship under public law by an administrative disposition with a superior position of the public authority, even if the administrative agency is a legal relationship under public law, such as an administrative property loan agreement, if the person who intends to use or make a profit from the administrative property does not unilaterally receive a certain loan, but if it is evident in light of the empirical rule that if the beneficiary was notified of a certain situation, he would have not been able to accept the relevant administrative disposition, the administrative agency shall notify the beneficiary of such situation in advance in accordance with the principle of trust and good faith. The subject of such duty of disclosure can be acknowledged not only as a direct provision of law but also by a contract, custom, or sound reasoning. On the other hand, unless it is acknowledged that the subject of the duty of disclosure is a fact subject to the duty of disclosure, there is no room to separately notify the beneficiary of the fact subject to the duty of disclosure, or unless there is an exceptional case where the beneficiary is expected to know the fact subject to the duty of disclosure, even if he was negligent by not knowing the fact, it cannot be said that there is a need to limit the liability later (see, see, e.g., Supreme Court Decision 20085Da5858.

2. In conclusion, the judgment of the court of first instance is examined as above.