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(영문) 대전고등법원 2020.05.14 2019나15302
소유권말소등기
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1. Revocation of the first instance judgment.

2. The plaintiffs' claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

Basic Facts

A. Plaintiff B is the wife of the network K (the deceased on November 30, 2012) and Plaintiff A is the son of the network K, Plaintiff C and the network L are the shot of the network K, and Plaintiff D, E, F, and G are the co-inheritors of the network L.

B. The deceased K was the actual disposal authority of each real estate listed in the separate sheet prior to the death (hereinafter referred to as “the instant land”) in the same manner as “the real estate listed in the separate sheet prior to the death,” and the total term “the instant land” was referred to as “the actual disposal authority.” While having been seeking to use the instant land in educational projects, the Defendant Educational Foundation H (hereinafter “Defendant H”) was introduced from AC, which was located in Sejong Special Self-Governing City.

C. On December 20, 2012, Plaintiff B entered into an MOU with the president of MU on behalf of Plaintiff A, C, and Network L (hereinafter “Plaintiff, etc.”). On December 20, 2012, Plaintiff B entered into an MOU with the following terms:

hereinafter referred to as "the MOU of this case"

A) The Plaintiff, etc. promised to faithfully implement the following matters in order to realize the maintenance of KR. 1. After the establishment of a campus, the university shall state the reporter of KR in a certain location of the building, build a public facility within the campus, and consult with each other on the contents of the public facility. 2. As of 2., in a case where the graveyard should be transferred for the efficient construction of the campus, the location shall be mutually consulted, but if the graveyard is to be purchased by the seller, and the university shall cooperate so that the building permit and access road of the site can be established if necessary. 3. In the future, the university shall cooperate by excluding some of the necessity in the urban management planning area (school facility site). P. 4. P., Qubu (school facility site) is to be expropriated by the urban management plan.

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