Of the costs of appeal, the part arising from the plaintiffs' appeal shall be borne by the plaintiffs, and that arising from the defendant's appeal shall be borne by the defendant.

The court below, based on evidence, found that the portion of the forest land of this case 794 square meters, which was incorporated into property for the use of the sports site of the Seoul High School, which was approved by the Minister of Delivery, is used directly for school education as the playground, passage, and teacher site of the above 794 square meters in total among the 794 square meters of the above forest from the time when the establishment registration of the mortgage and the establishment of superficies was completed to the present 794 square meters in the above 794 square meters in the above 794 square meters in the above 79 square meters in the above 173 square meters in the above 79 square meters in the above 175 square meters in the above 175 square meters in the above 175 square meters in the above 175 square meters in the above 2000 square meters in the above 175 square meters in the above misunderstanding of legal principles as to the remaining part of the establishment registration of superficies and the remaining part of the establishment of superficies can not be justified as it is justified.

The second ground of appeal is examined.

In light of the records, even if the court below's measure and appraisal based on the appraisal report made by Nonparty 2, who measured and assessed the reputation of the above forests and fields, based on the appraisal report prepared by Nonparty 2, who measured and appraised the reputation of the above forests and fields as a site in fact by using the appraisal report prepared by Nonparty 2, who measured and appraised the reputation of the above forests and fields as the sports site of the above name school, it cannot be concluded that the above appraisal report contains contradictions and errors as pointed out in the arguments, and therefore, it cannot be concluded that there is a mistake of mistake of facts.

If the court below acknowledged the fact that the 175 square meters portion was used as the playgrounds, passage, and teacher site of the above life school, it is hard to see that there was a lack of reason in supporting evidence, but it cannot be viewed that there was an error affecting the result of the original judgment.

Since the argument that there is a mistake of facts in the original judgment is without merit, we cannot accept the argument about it.

The defendant's attorney's grounds of appeal are examined.

Article 51 of the Private School Act provides that the provisions of Article 28 (2) of the same Act shall apply mutatis mutandis to private school managers. Accordingly, the case is that property owned by the deceased non-party 1, who is directly used for the education of the Seoul Master School, such as land site, teacher, physical training place, etc., prescribed in Article 12 of the Enforcement Decree of the Private School Act, cannot be sold or disposed of as a collateral. Therefore, the court below held that the court below erred in holding that Article 28 (2) of the same Act shall apply mutatis mutandis to the registration of the establishment of superficies to the above part of the property, which is owned by the deceased non-party 1, was incorporated into the basic property of the above school to use it as the sports place of the Seoul Master School, but it was registered as the basic property of the above school to use it as the above non-party 1, but it was registered as a private school manager who is not a school juristic person, and thus the above disposal disposition is unlawful.

Therefore, both the plaintiffs' appeals and the defendant's appeals are dismissed. Of the costs of appeal, the part arising from the plaintiffs' appeals are assessed against each losing party against the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Ha-ju (Presiding Justice) Lee Young-young (Presiding Justice)