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(영문) 의정부지방법원 2016.06.28 2015가합5047

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association established for the purpose of education and missionary work, and established school foundation B (hereinafter “B”) according to the above purpose, and B operates C University and D School under its control.

B. Around March 2011, B entered into a lease agreement between the Plaintiff and the Plaintiff to lease three parcels of land, including the Plaintiff, E, and buildings on the land owned by the Plaintiff during the period from March 1, 2011 to February 28, 2016 (hereinafter “the lease of this case”).

C. The Private School Audit Team of the Ministry of Education, the Ministry of Education (former change of its name to the Ministry of Education), from May 20, 2012 to June 5, 2012, conducted a comprehensive audit of B and C University, and D Schools (hereinafter “instant audit”). On November 21, 2012, even though the Plaintiff and B entered into the instant lease contract with the Plaintiff by falsity, C University paid approximately KRW 423,00,000 to the Plaintiff on the ground that C University paid approximately KRW 423,00,000 to the Plaintiff on the pretext of rent, etc., the Plaintiff’s director F and C University’s president to the prosecution (hereinafter “instant request for investigation”).

However, on November 26, 2013, the District Public Prosecutor's Office of the Government made a disposition of suspicion against F as the District Public Prosecutor's Office 2013 internal investigation No. 4.

On November 23, 2012, the Plaintiff sent to B, on November 23, 2012, a document verifying the purport to urge B to pay the rent of the instant lease, which is unpaid after the instant audit, and on April 1, 2013, the same.

4. They sent each content-certified mail to the same effect as the others.

E. As the Plaintiff or F (hereinafter “Plaintiff, etc.”) failed to repay its loan obligations to the Plaintiff, etc., the Plaintiff or F (hereinafter “Plaintiff, etc.”) voluntarily auctioned the 12 real estate owned by the Plaintiff or F on June 5, 2013, such as filing an application for voluntary auction to the Daejeon District Court HH in the Seosan Branch of Daejeon District Court.

[Ground of recognition] There is no dispute.