소유권이전등기말소등
1. Revocation of a judgment of the first instance;
2. The Plaintiff:
A. Defendant B is among the real estate listed in the separate sheet Nos. 1 and 2.
1. The fact of recognition is that the plaintiff is a public interest corporation established for the purpose of contributing to national and social development by conducting scholarship projects to promote self-education pursuant to the Act on the Establishment and Operation of Public Interest Corporations (hereinafter "Public Interest Corporations Act"), and each real estate listed in the separate sheet (hereinafter "each real estate of this case") is the plaintiff's fundamental property; the plaintiff completed the registration of transfer on July 31, 1998 to K for sale of each real estate of this case on July 14, 1998; and the plaintiff completed the registration of transfer on basic property including each real estate of this case, which was received from the superintendent of the Office of Education of Seoul Special Metropolitan City, the Office of Education, the competent authority on May 2, 1997, since the conditions attached thereto were not fulfilled within the effective period, the plaintiff was not granted a valid permission for the above sale; after the registration of transfer of ownership in the name of K, the right to claim transfer of shares, the registration of transfer of shares and the registration of transfer of ownership, and the purport of the entire pleading number No. 1 through Gap (hereinafter).
2. In light of the determination on the cause of the claim, Article 11(3) of the Public Interest Corporation Act on the Disposal of Fundamental Property of Public Interest Corporations is a mandatory provision and the disposal of fundamental property without obtaining permission from the competent authority in violation of this provision is null and void (see, e.g., Supreme Court Decision 97Da9970, Dec. 11, 198). According to the above recognition, the sales contract between the Plaintiff and K with respect to each of the instant real property is null and void since it was made without permission from the competent authority, and the registration of the transfer of K’s ownership based on the above sales contract is null and void. Thus, the right to claim the transfer of shares in the name of the Defendants,