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(영문) 서울중앙지방법원 2013.11.28 2012나54460

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Seoul National University is established and managed by the Republic of Korea (Article 2 subparag. 1 and Article 3 of the Higher Education Act) and is subject to instruction and supervision by the Minister of Education, Science and Technology (Article 5(1) of the Higher Education Act).

In 1963, the press conference of each domestic university was developed in the nature of voluntary supporters' association to support insufficient educational facilities and operating expenses.

In the same purport, the defendant is established to contribute to the creation of an atmosphere and the improvement of educational environment by supporting the emergency educational facilities, the operation of schools, etc. which fall short of the founder (the Republic of Korea) at the expense of the founder (the head of the Republic of Korea) in the same purport, and projects such as supplementation and expansion of facilities shortage in Seoul National University, payment of

C. The defendant's business plan is decided by the defendant's board of directors with the consent of president of Seoul University.

Accordingly, when the business plan becomes final and conclusive, the president of the Seoul National University delegated by the defendant shall compile the budget, and the defendant shall hold the first board of directors each year in accordance with the rules and deliberate on the budget bill for the relevant school year, and accordingly determine the membership fees for ordinary members.

After that, the revenue collection officer belonging to the Seoul National University (see Article 9 of the Management of the National Funds Act) and the chairperson of the defendant issued a notice of registration fees to the effect that the students who want to register in a new semester shall pay admission fees, tuition fees, and membership fees in lump sum.

In the written notice, the amount of admission fees, tuition fees, and dues to be received by the above revenue collection officer shall be classified and indicated by each item of the dues to be received by the head of the school, but the payment period and the payment method are not divided.

Accordingly, students are paid admission fees, tuition fees, and dues for school expenses as stated in the notice of the above enrollment fees, and the dues for school expenses shall be paid separately from admission fees or tuition fees until before the closing date of the instant case.