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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 plaintiff.
Reasons
1. The reasoning for the court’s explanation concerning this part of the facts is as stated in the corresponding column of “1. Basic Facts” among the reasons for the judgment of the first instance except for the dismissal of each of the following parts among the judgment of the first instance. Therefore, this Court shall accept it as it is by the main text of Article 420 of the Civil Procedure
- Under the following: “ from the Plaintiff” in Chapter 2, Chapter 17, “ from the Jeonju market”; “the Plaintiff” in Chapter 5, “the Jeonju City” in Chapter 3, “the Jeonju City” in Chapter 15 to 16, “the Plaintiff publicly notified” in Parts 3, 19 to Chapter 4, and “the Plaintiff announced” in Chapter 3, 19 to December 18, 2006, “the Jeonju City Mayor excluded from the school facilities 22,680 square meters of the 23,332 square meters of the G school site in Jeoncheon-gu, Jeonju-gu, Jeonju-si, Seoul from the school site, and the instant land from this case, and 517 square meters of the O school site and 934 square meters of P. 934 square meters, and at the same time, he publicly notified the Plaintiff’s urban planning facility “the Plaintiff” in Chapter 4, 350 square meters of the 4th square meters of the 37th square meters of the urban planning facility in the Gu.
2. Determination on the cause of the claim
A. Since the defendant alleged by the plaintiff agreed to contribute the land of this case to the plaintiff, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case on the ground of the agreement for donation of this case, and since the land of this case is the basic property of a school juristic person under Article 28 (1) of the Private School Act, the defendant is obligated to apply to the superintendent of education of Jeollabuk-do, the competent agency
B. The legal nature of the agreement on the donation of this case 1 is determined.