In cases of compulsory execution on the basic property of an incorporated foundation, whether permission of the competent authority for the modification of articles of incorporation is the requirement for commencement of auction.

Since an act of disposal of basic property of a foundation foundation is subject to permission from the competent authority because it is also the same that a creditor of the foundation foundation also implements compulsory execution on its basic property. However, the permission from the competent authority for the alteration of the articles of incorporation of the foundation foundation is not a requirement for the commencement of auction, but a requirement for the acquisition of ownership by the successful bidder, so the request for auction is not dismissed.

Article 603 of the Civil Procedure Act

Supreme Court Order 198Ma704 Decided February 22, 1967

Attorney Lee Sung-chul, et al., Counsel for the defendant-appellant

Daegu District Court Order 109.9.20, 85Ra88

The reappeal is dismissed.

The grounds of reappeal are examined.

Although there is a consistent view of party members (see Supreme Court Order 197Ma704, Feb. 22, 1967; Supreme Court Order 65Ma704, Feb. 22, 1967; Supreme Court Order 65Ma704, Feb. 22, 1967; Supreme Court Order 9Ma704, Feb. 22, 1967; Supreme Court Decision 2007Ma704, Feb. 22, 2007) that the disposal of basic property by the foundation is an amendment of the articles

In addition, it cannot be said that the competent authority's response that the creditor of the foundation foundation is not in the position to obtain permission for the disposal of the foundation foundation's basic property.

The order of the court below is just on the premise of the same opinion, and there is no error like the theory of lawsuit, and the grounds for the theory of lawsuit are clear that there is no legitimate grounds for re-appeal in light of the provisions of Articles 13 and 11 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

Therefore, the reappeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges.

Justices Jeon Soo-soo (Presiding Justice)