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(영문) 창원지방법원 2020.10.15 2019나64614

토지인도

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for the modification as follows, and thus, it is acceptable in accordance with the main sentence of Article 4

2. Parts to be corrected;

C. The instant land was registered as owned by the previous Plaintiff, but according to the disposition plan for residual property at the time when the Plaintiff’s dissolution was authorized, the instant land was deemed to be reverted to F, the president. However, the instant registered building was omitted in its disposal plan.

On June 20, 2007, the registration of ownership transfer was completed from the Plaintiff to F on June 20, 2007 (the cause of the registration was the donation from June 12, 2007), and the registration building of this case was completed from the Plaintiff to F on March 15, 2013.

(The reason for registration shall be the donation on March 7, 2013).

Reasons for the judgment 1.C.

The part of the port (from 17th to 3th 4th eth eth eth eth eth eth eth eth eth eth eth eth e

Part of paragraph (3) shall be deleted from 5 to 7 (3) of the first instance judgment).

3. Under the Private School Act and the Civil Act, the provisions stipulate that a school foundation shall become a liquidator when it is dissolved, but does not stipulate that it shall obtain approval from the Minister of Education for the appointment of a liquidator or a representative liquidator, and in this case, the Superintendent of the Office of Education has approved the dissolution and disposal plan of the plaintiff as the competent agency and supervised the liquidation business, and did not separately deal with the procedure for approving

At the time of dissolution of the plaintiff, the president was F, and the plaintiff was appointed as the representative liquidator on February 27, 2007 through the resolution of the board of directors was made on February 27, 2007, and the appointment of the F representative liquidator was not effective on the ground that there was no approval of the Minister of Education under Article 76 of the articles of incorporation.

(b).