출자자산에 관한 환수청구
1. The plaintiff's primary claim among the lawsuit of this case is dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
1. The Defendant, as a school juristic person, owned the land in the 1,000 city, maintained and managed the Korea University and D High School, and the Plaintiff was serving as a director at the time of the establishment of the Defendant juristic person around 1975.
[Ground of recognition] Facts without dispute, Gap evidence 2, 6, and 10 (including each number), the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff provided the land of 72,180 square meters in total (hereinafter “instant land”) of 73 square meters, including the time of establishment of a school juristic person E, a telegraph of the Defendant juristic person, in 1975, the Plaintiff contributed to the school site by contributing to the land of 72,180 square meters in total (hereinafter “instant land”). The Plaintiff contributed to the land of 400,000 square meters in total (3.80,000 square meters), which was purchased under the name of F Co., Ltd., to use the profit accrued from repurchase as the fund for the establishment and operation of the Defendant juristic person, but was currently excluded from the operation of the Defendant juristic person. The Plaintiff first asserted that the Defendant’s property contributor was the Plaintiff and the Defendant claimed that the Plaintiff enter the Plaintiff’s name, property property, etc. in the articles of incorporation in accordance with Article
3. We examine the legitimacy of this part of the lawsuit ex officio in determining the main claim.
A. Article 26 (2) of the Private School Act provides that a school foundation may pay living expenses, medical expenses, and funeral expenses to a person who has difficulty in living among those who have contributed or donated property equivalent to 1/3 or more of its basic property as the basic property of the school foundation concerned within the scope of the profit of the school foundation concerned. However, the above provision is merely a ground provision that allows a school foundation to pay living expenses, etc. to a person who has difficulty in living to give honorable treatment to a person who has contributed to the property, and therefore, the above provision alone makes it difficult for the person who has contributed to the property difficult to