Main Issues
Even if a property is entrusted to a school juristic person, its ownership shall not be returned to the truster upon the termination of the trust of the truster, unless it is permitted by the supervisory authority, and it shall not be effective even if the trustee grants the registration of ownership transfer to the truster.
Summary of Judgment
Even if a property is entrusted to a school juristic person, it shall not be returned to the truster as the suspension of trust of the truster, unless it is permitted by the supervisory authority, and it shall not be effective even if the trustee has made the registration of ownership transfer to the truster.
[Reference Provisions]
Article 28 of the Private School Act
Plaintiff-Appellee
School Foundation Young Private Teaching Institutes
Defendant-Appellant
Defendant
Judgment of the lower court
Jeonju District Court Decision 71Na351 delivered on March 16, 1972
Text
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
Reasons
The defendant's grounds of appeal are examined.
According to the facts affirmed by the judgment of the court of first instance, it is recognized that, in the case of the case where the Young Teaching Institute, a general foundation of the plaintiff's driving school, was entrusted the forest land in the name of the original owner from the non-party who was the original owner in order to obtain the authorization for its establishment, and the registration of ownership transfer was made under the name of the plaintiff's driving school under the name of the original foundation, and the agreement was reached between the above non-party to return the registration of ownership transfer to the above non-party within 6 months after the establishment authorization of the above school, even if there was an agreement between the above non-party, which was the telegraph of the plaintiff's driving school, and the non-party to the above non-party to return the registration of ownership transfer to the above non-party under Article 28 of the Private School Act, the registration of ownership transfer cannot be cancelled as a result of purchase from the non-party, even if the defendant purchased the above forest land from the above non-party and completed the registration of ownership transfer. The conclusion of the agreement between the parties to the trust is without merit.
Therefore, the appeal shall be dismissed according to the consistent opinion of the participating judges, and the costs of the lawsuit shall be borne by the losing judge and it is so decided as per Disposition.
Judge Do-dong (Presiding Judge) of the Supreme Court