(i)It shall be deemed that the liquidation has not yet been completed despite the dissolution of the Foundation and the completion of the liquidation has been registered.

(ii)the disposition of permitted temple property becomes null and void;

(1)Notwithstanding the dissolution of the Incorporated Foundation and the registration of completion of its liquidation, insofar as the dispute on the real estate still in its possession is bound by a lawsuit, the liquidation shall not be deemed to have yet been completed to the extent that the dispute has yet to be bound by the lawsuit.

(2)An act of disposal of the forest owned by the inspection, which makes it impossible to achieve the objectives of the inspection and which is a result of endangering the existence of the inspection itself, shall not be deemed to be null and void as a matter of course, even though it was conducted with the competent authority and permission.

Articles 81 and 94 of the Civil Act, Article 11 of the Non-School Property Management Act

63Da879 delivered on June 2, 1964 (Kaad. 650 delivered on June 2, 1964; 12 ① civil 139 delivered on June 2, 196; and Article 140(8)840 of the Civil Procedure Act (No. 6562 delivered on June 2, 196; 12 ② civil 139 delivered on June 2, 196; 1575 page)

Branch Office

Defendant

Daegu District Court of First Instance (67Ga3469)

The original judgment shall be revoked.

The defendant will implement the procedure for registration of cancellation of ownership transfer due to the decision of the successful bid on Sep. 24, 1960, which was the receipt of the Daegu District Court's registration office No. 4872 of Nov. 18, 1960 as the Daegu District Court's Order No. 4872 of Nov. 18, 1960 on the Maritime Research Institute for the Maritime Affairs and Fisheries of Yongcheon-gun, Yongcheon-do

Litigation costs shall be borne by the defendant through the first and second trials.

The same shall apply to the order.

First, the defendant's attorney at the first instance court's trial on the ground that the lawsuit of this case seeking cancellation of ownership transfer registration, which was completed in sequence with the defendant's foundation at the first instance trial on the ground that it had already been dissolved and completed the liquidation procedure, has no capacity to be dismissed, and that the lawsuit on this issue has to be dismissed, so long as the lawsuit on this issue is in a manner consistent with the same Maritime Research and Development Institute, the lawsuit on this issue should be dismissed. However, as long as the dispute on this case's real estate continues to exist in this lawsuit after dissolution of the Maritime Research and Development Institute at the first instance court, it cannot be said that the liquidation has yet to be completed to the extent that the dispute on this case's real estate continues to exist in this lawsuit, and the lawsuit of this case seeking cancellation of ownership transfer registration, which was completed in sequence with the defendant foundation at the first instance trial,

Furthermore, it is considerably impossible for Defendant 2 to take the place of inspection to take the place on the 7th place of inspection on the 108 Buddhist temple, and the ownership transfer registration for the donation was made on February 9, 1956. The facts that the ownership transfer registration was made on the order before Defendant 2 are no dispute between the parties, and the establishment of the portion of evidence Nos. 4,6, and 9, which is presumed to have been completed, as the whole evidence No. 71, No. 1,23, and No. 1, it is difficult for the Plaintiff 2 to take the place on the 8th place of inspection on the 19th place of inspection on the 7th place of inspection on the 5th place of inspection on the 19th day of inspection on the 1st day of inspection on the 5th day of inspection on the 19th day of inspection on the 1st day of inspection on the 10th day, and the remaining 1st day of inspection on the 1st day of inspection on the 1st day of the 2nd day of inspection on the 10th day.

As long as the act of disposal in the above Maritime Institute is not a gift, but a trust transfer according to the defendant's assertion, even if the plaintiff temple, the owner of the above Maritime Institute, becomes unable to exercise ownership due to the disposition by the transferee, it is not a reason to change the validity of the above Maritime Institute. As long as the registration in the future of the Maritime Institute becomes null and void because the cause for the registration in the future is deficient, the registration in the future of the Maritime Institute shall not return to the invalidation without having the acquisition by auction.

As such, the first instance court's decision that seeks to cancel the transfer registration of ownership by subrogation of the Korea Institute of Maritime Sciences, which is the defendant foundation foundation foundation foundation, is to accept the plaintiff's claim of this case by legitimate means, that is, the first instance court's decision is unfair, and thus, it is so decided as per Disposition with the burden of the losing party.

Judges Kim Young-ro (Presiding Judge) Nown river water