Where a foundation becomes a school foundation due to the reorganization of its organization, the previous claims and obligations arising from the management of the school of the foundation shall be succeeded by the restructuring school foundation comprehensively.

Where a foundation becomes a school foundation by reorganization of its organization, the previous claims and obligations arising from the management of the school of the foundation shall be succeeded, inclusive, to the restructuring school foundation.

Article 2 (6) of the Private School Act

Plaintiff Incorporated Foundation

Defendant School Foundation

Seoul High Court Decision 70Na13 decided May 5, 1970

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

According to the records, when the plaintiff's cause of claim (as asserted in the debate), the defendant transferred to a foundation (title omitted) pursuant to the provisions of the Private School Act (hereinafter referred to as the "Maintenance Foundation") after the foundation (title omitted) transferred to the foundation (title omitted) pursuant to the provisions of the Private School Act without obtaining the registration of transfer of ownership from the non-party 1, and then closed the foundation, delegated the right to sell the real estate attached to the (title omitted), and sold to the non-party 2. The same non-party (title omitted) donated it to the foundation (title omitted) and completed the registration of transfer of ownership in the name of the foundation to the non-party 2. The non-party paid 164,00 won to the part payment to the foundation (title omitted) but did not receive 56,500 won from the part payment due to the cancellation of the registration of ownership transfer and the cancellation of the registration of transfer of real estate due to the cancellation of the contract, and it is clear that the plaintiff succeeded to the obligation of the foundation by the non-party 2.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)