1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiffs are children of the deceased G (the deceased on August 14, 1973, hereinafter “the deceased”) and the deceased according to the H evidence No. 13, and the time of death is not clear.

The deceased is the deceased's spouse.

B. The registration of ownership transfer was completed on December 12, 1970 with respect to each real estate listed in the separate sheet (hereinafter “the instant real estate”). However, on December 21, 2001 as the deceased died, the registration of ownership transfer was completed on August 14, 1973 in the name of H and the Plaintiffs regarding each of the instant real estate on December 21, 2001.

C. On the other hand, on November 20, 2001, H and the Plaintiffs entered into a contract to donate the instant real estate to the Defendant’s school (hereinafter “Defendant’s school”) with the Defendant’s school (hereinafter “instant donation contract”), and on December 21, 2001, the Defendant’s school completed the registration of the entire co-owners’ share transfer on the ground of the said donation.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 7, the purport of the whole pleadings]

2. Judgment on the plaintiffs' assertion

A. The summary of the assertion made the name trust relationship between the deceased and the defendant school as illegal means. Although he was clearly aware of H’s non-authorized representation, he neglected it and completed the registration by transferring the instant real estate to the defendant school on the ground of donation. Accordingly, the Plaintiffs suffered damages from the loss of ownership of the said real estate.

Therefore, Defendant F is liable for damages equivalent to the market price of the above real estate in accordance with the above illegal act, and Defendant F is liable for damages under Article 35(1) of the Civil Act as a non-corporate body.

B. Determination B is written in the evidence Nos. 1, 5, 6, 7, 10, 11, 12, and 13; the appraiser I’s stamp image appraisal result; the result of the first instance court’s questioning of some parties against Defendant F; Incheon City, Seoul.