1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the parts to be modified or additionally determined as follows, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. The revised portion of the judgment of the court of first instance shall be amended to 7 to 14, 2 pages 2, 12, “7 to 12”.

The written evidence Nos. 5 and 6 of the first instance judgment shall be amended to “Evidence Nos. 5, 6, 9, and 10 of the first instance judgment”.

3. The Defendant asserts that the “property for public use” under the Public Property and Commodity Management Act (hereinafter “Public Property Act”) includes not only the property used by a local government for public purposes but also the property used for public purposes by the State, which is an superior agency of a local government. However, this is beyond the literal scope of Article 5(2)2 of the Public Property Act, which stipulates “property for public use directly or separately determined by a local government, and is merely an independent assertion by the Defendant.”

4. Conclusion of the first instance judgment is justifiable.

The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.