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The plaintiff's appeal against the defendants is dismissed in entirety.
Expenses for appeal shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are recognized as legitimate even if the evidence submitted to this court was fully examined.
Therefore, the reasoning of the judgment of this court is as follows: (a) part of the reasoning of the judgment of the court of first instance is dismissed as provided in paragraph (2) below; and (b) the judgment of the plaintiff on the argument of the court of first instance is added as stated in the reasoning of the judgment of the court of first instance; and (c) thus, it is accepted in accordance with Article 8(2) of the
2.In the part 9 below the 14th page, the following shall be added:
As seen earlier, “The lending of State-owned or public-owned general property is a private contract made between the State and a local government on an equal level with the other party as a private economic entity. As such, in principle, the provisions of the private law apply to legal relationship, such as the lending of State-owned or public-owned general property. However, one of the parties to a contract is the State or a local government, and is subject to the regulation of special Acts, such as the State Property Act and the Public Property Act, due to the public nature of the subject of the State-owned or public-owned property (see, e.g., Supreme Court Decision 2013Da207941, Apr. 13, 2017). However, Article 31 of the Public Property Act provides that the head of a local government may renew the lending of land which is a general property for five years, and the other party to a lending contract may apply
In addition, even under the civil law as a general law as to a loan agreement, it can not be seen that the loan agreement is unilaterally renewed at the request of the other party to the loan agreement. However, the other party to the loan agreement is recognized as implied renewal in case it satisfies certain requirements under the civil law at the expiration of the loan period