Whether it is necessary to prove that the permission of the competent Minister was granted for real estate, the transfer of which is registered under the name of an incorporated foundation, to be an endowment of the incorporated foundation (affirmative)

Matters concerning the fundamental property of a foundation foundation, as stated in the articles of incorporation, shall be subject to the permission of the competent Minister because the change of basic property causes the change of the articles of incorporation, and therefore, the act of disposing of the existing fundamental property as well as the act of incorporating it into the basic property is valid only when the permission of the competent Minister is required. Therefore, in order to recognize that a real estate, the transfer of ownership is registered under the name of

Article 45(3) of the Civil Act

Supreme Court Decision 67Da568 Decided July 22, 1969, 78Da783 Decided July 25, 1978, Supreme Court Decision 78Da1038,1039 Decided August 22, 1978

Plaintiff 1 and 6 others, Attorneys Lee Young-con et al., Counsel for the plaintiff-appellant-appellee

The Foundation shall be the Foundation's Foundation's Foundation's Foundation's Foundation's Foundation's Foundation of Korea;

Daegu High Court Decision 81Na558 delivered on March 4, 1982

The judgment below is reversed, and the case is remanded to the Daegu High Court.

The plaintiffs' grounds of appeal are examined. According to the reasoning of the judgment of the court below, the court below acknowledged that the part of the real estate in this case [the part indicated in the attached Form (A) of the judgment of the court below] was owned by the deceased non-party in the deceased's title trust and registered the ownership transfer to the defendant in the name of the defendant on December 15, 1961. However, with respect to the plaintiffs' claim for the execution of the procedure for ownership transfer registration of the part of the real estate in this case's title trust on the grounds of the termination of the trust agreement as long as the property in the title trust of the foundation was a basic property of the foundation foundation, the disposition is deemed to result in the modification of the articles of incorporation, and unless so permitted, the truster cannot seek the execution of the procedure for ownership transfer registration of the foundation on the grounds of the termination of the trust. Thus, according to each of the evidence No. 2 (Articles of incorporation) and 3 (List) of the judgment of the court below, there is no evidence to deem that the real estate in this case is the basic property of the defendant.

In light of the above, since the matters pertaining to the fundamental property of a foundation are to be stated in the articles of incorporation, which may cause the change of basic property to the articles of incorporation, and therefore, the act of disposing of the property already formed as basic property, as well as the act of newly incorporated basic property, shall be valid only with the permission of the competent Minister (see, e.g., Supreme Court Decisions 67Da568, Jul. 22, 1969; 78Da783, Jul. 25, 1978; 78Da1038,1039, Aug. 22, 1978; 78Da1039, Jun. 22, 1978). The court below should have determined that the above fundamental property was incorporated into the basic property of a foundation without the consent of the competent Minister, and the court below should have determined that the basic property was incorporated into the basic property of the foundation without the consent of the competent Minister, and thus, should have determined that the basic property was incorporated into the basic property of the foundation.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young