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(영문) 서울중앙지방법원 2017.06.09 2015가합573906

대여금

Text

1. The Plaintiff, Defendant C, and Defendant C, Defendant B, D, and E respectively, KRW 106,928,00 and each of them on January 25, 2006.

Reasons

1. Land development 289 tea 90,300 90,995, 310 on March 17, 2004 on the date of sale on the purchase date of basic facts: " 257,540 257,874,802 on March 17, 2004; 262,27,27,228 "development 299 91,076,0001,076,0000,000,000,000,000,000,000 on March 18, 2004 on the purchase date;

A. During the period from November 25, 2004 to January 7, 2005, when G was in office as the chief director, the Defendant school juristic person sold the following claims, which are fundamental property for profit, without the permission of the superintendent of education of Gwangju Metropolitan City, which is the competent agency, and purchased the land and its ground buildings located in Seo-gu, Gwangju Metropolitan City (hereinafter collectively referred to as “instant real property”) with the sale price, etc. in KRW 1,951,868,000 and acquired the ownership on January 14, 2005.

(b) The superintendent of education of Gwangju Metropolitan City on May 11, 2005 shall obtain permission from the competent agency where the above disposal of fundamental property to the defendant school juristic person is intended to sell, donate or exchange such fundamental property, to alter the purpose of use, to offer it as security, or to bear the obligations or waive the rights where the school juristic person intends to sell, donate or exchange such fundamental property, to provide it as security.

Provided, That minor matters as determined by the Presidential Decree shall be reported to the competent authorities.

(2) Of property of a school juristic person which is directly used for school education, those as determined by the Presidential Decree shall not be sold or offered as security.

(3) Any right to collect tuition fees or other money due (referring to admission fees or school operation support funds; hereinafter the same shall apply) referred to in Article 10 of the Elementary and Secondary Education Act and Article 11 of the Higher Education Act and deposit claims on revenues managed in a separate account pursuant to Article 29 (2) of this Act shall not be seized.

It shall be restored to the original state within two months from the date of violation.