A. Whether the provisions of Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations concerning the Restriction on Disposal of Fundamental Property of Public Interest Corporations apply to a disposition by compulsory auction (affirmative)

(b) Where a public-service corporation obtains permission from the competent authority with the issuance of bonds, whether such permission affects the disposition of basic assets (negative)

A. Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations on the Restriction on Disposal of Fundamental Property of Public Interest Corporations shall be a mandatory provision in light of the legislative purpose of Article 1 of the same Act, and this shall apply to the disposal of fundamental property by compulsory auction as well as the disposal of fundamental property by compulsory auction.

B. It cannot be deemed that a public-service corporation has obtained permission from the competent authority in order to obtain an execution bond, and thus its validity affects the disposition of the basic property.

Article 11 of the Act on the Establishment and Operation of Public Interest Corporations

Appellant 1 and 2 others

Incheon District Court Order 84Ra60 dated August 27, 1984

The reappeal is dismissed.

The grounds of reappeal are examined.

According to Article 2 of the Act on the Establishment and Operation of Public Interest Corporations, this Act applies to a foundation or an incorporated association that carries out projects related to educational expenses, scholarships, or research funds, sciences, and charity (hereinafter referred to as a "public-service corporation") in order to contribute to the general interest of society as such foundation or incorporated association. According to Article 11 of the same Act, property of a public-service corporation shall be divided into fundamental property and ordinary property as prescribed by Presidential Decree (Paragraph 2), and its list and appraised value shall be entered in the articles of incorporation (Paragraph 3), and it shall be permitted by the competent authority to sell, donate, lease, exchange, change the purpose of use, or offer as security (Paragraph 3). The provisions of Article 11 of the same Act on the restriction on disposal of fundamental property shall be compulsory provisions in light of the legislative purpose of Article 1 of the same Act, which shall be equally applicable to the disposition by compulsory auction as well as the disposal of fundamental property by compulsory auction as this case.

In addition, since it cannot be deemed that the permission of the competent authority had obtained permission for the issuance of a claim for execution by a public-service corporation and its validity affects the disposal of basic property, the court below is justified in maintaining the creditor's request for compulsory auction on the ground that the subject matter of auction in this case is the basic property of an obligor foundation foundation which is a public-service corporation, and that there is no permission of the competent authority for disposal, and there is no illegality in law by misunderstanding the provisions of the Act on the Disposal of Basic Property of Public-Service Corporations. However, as seen above, the order of the court below is erroneous in the misapprehension of the legal provisions of the Act on the Disposal of Basic Property of Public-Service Corporations, and it does not fall under the grounds under Article 11 (1) of

Therefore, the reappeal is dismissed by the assent of all participating judges. It is so decided as per Disposition.

Justices Yoon Il-young (Presiding Justice) Gangwon-young Kim Young-ju