Social welfare foundation (name omitted) (Attorney Jin-jin et al., Counsel for defendant-appellant)

Jeonju District Court Order 2003Ma4826, 2004Ma111 dated March 7, 2005 (merged)

The decision of the court below shall be revoked.

Where a social welfare foundation disposes of its fundamental property, it shall obtain permission from the Minister of Health and Welfare (Article 23(3)1 of the Social Welfare Services Act), and the same applies to a case through an auction procedure. According to the records, the court below acknowledged the fact that the attached building, which is the real property subject to the auction of this case, is the basic property of the appellant who is a social welfare foundation under the Social Welfare Services Act, but did not follow the above permission procedure, and it can be recognized that the highest purchaser who did not follow the above permission procedure has made a decision to allow the sale thereof. Thus, the court below erred in the decision of the court below that the highest purchaser cannot grant the permission for sale because it falls under “when the purchaser has no ability or qualification to purchase the real property (Article 121 subparag. 2 of the Civil Execution Act)” (see Supreme Court Order 2003Ma

Therefore, the decision of the court below shall be revoked and it is so decided as per Disposition.

[Attachment List omitted]

Judges Jeong Jong-mo (Presiding Judge)