The judgment of the court below is reversed, and the case is remanded to the Gangnam Branch Branch Court Panel Division.

The grounds of appeal are examined.

1. Article 194 of the Military Court Act (amended by Act No. 194, May 17, 194); Article 2 of the same Act (amended by Act No. 1948, May 17, 194) provides that “all property created for the maintenance and management of Confucian Schools” shall be the property of Confucian Schools. Article 4 of the same Act provides that the establishment of Confucian Schools Foundation by Do shall be the property of Confucian Schools, and real property among the property of Confucian Schools shall be the basic property of Confucian Schools Foundation. Article 13 of the same Act provides that a Confucian School Foundation shall succeed to the right regarding the property of Confucian Schools, which occurred prior

Therefore, even if land is used by Confucian Schools, such as the site of buildings within Confucian Schools, real estate owned by the State or another person at the time of the enforcement of the above military law does not constitute real estate owned by Confucian Schools Foundation pursuant to Article 4 above.

2. According to the reasoning of the lower judgment and the evidence adopted, the following facts are revealed.

The land research division, which was investigated and prepared by the Land Survey Division of the Joseon General and the Provisional Land Survey Division, shall be indicated as being determined by the “State” to the extent that the area was 450 square meters (hereinafter “land prior to the division of this case”).

B. Each real estate listed in the attached list of the lower judgment (hereinafter “instant real estate”) is being used as a site, such as the scarcity, etc., or as a road, as the land successively divided from the land before the instant partition.

As to the instant real estate on September 18, 1979, the Defendant completed each registration of preservation of ownership on the land 566, which is the land remaining of the instant real estate on July 11, 1986, and on the land 566-1,566-4, which is the land remaining of the instant real estate.

3. We examine the above facts in light of the legal principles as seen earlier.

The real estate before the division of this case was under the circumstances of the state, and was used as the land for the scambal site of Samyang Confucian Schools at the time of enforcement of military law No. 194, pursuant to Article 4 of the above law.