1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On February 21, 1972, F. F. F. 2,55 square meters in Yannam-gun, Yannam-gun was divided into 1,821 square meters in F. F. F. 1,821 square meters in G. 734 square meters in G.

B. On January 26, 1979, Korea completed the registration of transfer of ownership based on the ownership attribution on September 11, 1948 with respect to H 1,342 square meters of land in New-gun, New-gun, Nannam-gun on September 26, 1979, and with respect to F 1,821 square meters of land on September 11, 1958.

C. Since then, H 1,342 square meters, F 1,821 square meters, and G 734 square meters, which were substituted by an agricultural-based maintenance project, etc. on July 19, 2001, and became B 2676.7 square meters in Yan-gun, Nanannam-gun.

On the other hand, the Defendant, as an entrusted agency of the Republic of Korea on March 9, 2018, concluded a loan agreement (hereinafter “instant loan agreement”) with the Republic of Korea, under which the Republic of Korea lends a loan of 1829m2, out of 2676m2, 1829m2 (hereinafter “instant land”) from March 21, 2018 to March 20, 2023, to E.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 18, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On December 29, 1956, the Plaintiff’s assertion Republic of Korea sold H 1,342 square meters to C on the same day, and on the same day, sold 2,55 square meters in the Republic of Korea-U.S., the Republic of Korea is no longer the owner of the above land.

In addition, the Plaintiff acquired the right to cultivate the above land from the former farmer (I and J).

However, as the Defendant, as an entrusted institution of the Republic of Korea, infringed the Plaintiff’s right to cultivate by concluding the instant loan agreement with a third party (E), the Plaintiff, as the cultivator of the instant land, sought against the Defendant, who was the third party (E), to express his/her intention to terminate the instant loan agreement.

B. Determination 1) The right to cultivate refers to a kind of right to cultivate land, which is a land where crops are planted (see, e.g., Supreme Court Decision 80Da2811, Feb. 24, 1981).