1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that whether the plaintiff's right to manage the property exists or not, the room of this case is merely the property trusted in trust to the plaintiff for the purpose of managing the religious property, and that the plaintiff does not have the right to actually manage the property of the specific use and profit-making of the real estate.

However, since the basic property of an incorporated foundation is an entity of the incorporated foundation, it is against the purport of the establishment of the incorporated foundation that the donator of the basic property for the establishment of the incorporated foundation vests only the name of the incorporated foundation in possession of the property, and that the actual ownership is attached to the contributor by attaching additional clauses such as reservation to the contributor. Thus, the competent authority cannot permit the establishment of the incorporated foundation whose basic property belongs to the incorporated foundation. In addition, even though the contributor agreed to entrust only the title holder of the real property to be reverted to the basic property of the incorporated foundation in the course of the establishment of the incorporated foundation with the title of the real property to be reverted to the basic property of the incorporated foundation without any conditions newly established through the permission of the competent authority and the registration of the establishment of the incorporated foundation, if such title trust agreement takes effect only after the completion of the registration of ownership transfer based on donation of basic property to the incorporated foundation without any conditions newly established through the permission

(See Supreme Court Decision 2006Da65774 Decided February 10, 201). Thus, the Plaintiff is recorded in the separate sheet registered in his/her own name.