Auction of basic property of the Incorporated Foundation and permission of competent authorities;

Since the act of disposing of the property belonging to the basic property of a foundation is included in a contribution act, permission from the competent authority is necessary, and the above disposal of the property without permission shall not take effect in the case of a voluntary sale by auction.

Article 45 of the Civil Act

Re-appellant

Seoul Civil District Court Decision 64Ra866 delivered on June 3, 1965

The reappeal is dismissed.

As to the ground for reappeal 1 of the re-appellant

Since the act of disposing of the property belonging to the foundation foundation's basic property belongs to the modification of the articles of incorporation, the permission of the competent authority should be required. Since the above disposal of the foundation's property without this permission is not different from the modification of the articles of incorporation in the case of an auction where it was a voluntary sale, there is no error of law in the decision of the original decision that the rejection of the successful bid without permission is legitimate.

The issue is groundless.

As to the ground of reappeal 2

Although the expression of the judgment that a notarial deed, a title of debt for execution of the original decision, is invalid seems to be somewhat appropriate, it cannot be interpreted as a conclusion of the judgment that disposing of the real estate belonging to the fundamental property without permission of the competent authority in accordance with the contract prescribed by the Notarial Deed. Therefore, it cannot be viewed as valid regardless of the form of the disposition.

Therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 413(2) of the Civil Procedure Act.

The judges of the Supreme Court, the two judges (Presiding Judge) of the two judges of the Supreme Court and the vice versa.