In a case where a social welfare foundation leases a housing site and its income is appropriated for the hospital expenses operated by the foundation, whether it can be deemed that it directly uses the housing site for the inherent duties of the social welfare foundation.

The fact that a social welfare corporation prescribed by the Social Welfare Services Act established for the purpose of carrying on the education on the gambling and pre-payment of patients, and the possession, management, and supply of assets necessary therefor is that income from the lease of a housing site directly uses the housing site for the expenses of the hospital operated by the corporation directly for the proper purpose of the above social welfare corporation.

Articles 7, 8 subparag. 8, 12, and 17 of the former Social Welfare Services Act (amended by Act No. 4531 of Dec. 8, 1992); Articles 6(1), 9, and 9-2 of the former Enforcement Decree of the Social Welfare Services Act (amended by Presidential Decree No. 907 of Jun. 9, 193); Articles 12(1)4 and 20(1)8 of the former Enforcement Decree of the Act on the Ownership of Housing Sites; Articles 12 subparag. 2 and 26(1)5 of the former Enforcement Decree of the Act on the Ownership of Housing Sites (amended by Presidential Decree No. 1382 of May 10, 1993)

Supreme Court Decision 93Nu14820 delivered on November 9, 1993 (Gong194Sang, 111) 93Nu22302 delivered on August 26, 1994 (Gong194Ha, 2541) 95Nu7550 delivered on October 13, 1995

○○○ Health Hospital (Attorney Choi Jae-ho, Counsel for the defendant-appellant)

Attorney Seo-gu, Seoul Special Metropolitan City Mayor, Counsel for the defendant-appellant

Daegu High Court Decision 93Gu1306 delivered on April 21, 1995

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below found that the plaintiff is a juristic person established for the purpose of earning bicker's chere education, education, old medical business, and possession, management, and supply of assets necessary for the above purpose, which maintains and operates the 000 health hospital located in Seo-gu, Seo-gu in order to achieve the above purpose. The articles of incorporation of the plaintiff juristic person provides that the expenses of the plaintiff juristic person shall be covered by the basic property's income, donations, and other income. The plaintiff's accounts are classified into special accounts (accounts), the National Treasury accounts (National Treasury subsidies), and the general account accounts, but it has been operated with subsidies from the special accounts and the National Treasury because the size of the national treasury subsidies falls short of the size of the housing site and buildings on some of the above ground, and therefore, it did not constitute an unlawful act of misunderstanding the legal principles under Article 9 of the above Act and Article 97 of the Social Welfare Services Act (amended by Act No. 4531, Dec. 8, 1992; hereinafter the same shall apply).

There is no reason to discuss this issue.

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

Justices Ahn Yong-sik (Presiding Justice)