유치원 설립자변경신청 반려처분 취소
1. The Defendant’s disposition of non-approval of the establishment of a kindergarten against the Plaintiff on June 7, 2017 is revoked.
2...
1. Details of the disposition;
A. B operated D kindergarten in Ulsan-gun Group C (hereinafter “instant kindergarten”), and concluded a sales contract on December 26, 2012 with the Plaintiff to sell the relevant building and site along with the right to operate the instant kindergarten.
(B) The building and site of the instant kindergarten are “the instant real estate” and the said sales contract is “the instant sales contract.”
On April 12, 2017, the Plaintiff, along with B, filed an application with the Defendant for approval to change the founder of the instant kindergarten from B to the Plaintiff on the ground that “the right to operate the instant kindergarten and the fundamental property was transferred to the Plaintiff.”
C. On June 7, 2017, the Defendant issued a disposition not to approve the authorization for the change of the kindergarten of this case on the ground that “The instant real estate is not subject to sale as property being directly used for school education without being abolished,” pursuant to Article 28(2) of the Private School Act, on the ground that “the instant real estate is not subject to sale as property being directly used for school education,” and that it is not subject to sale of the pertinent real estate (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 4, purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff acquired the instant real estate, which is an endowment for education of the instant kindergarten, from B through the instant sales contract, along with the right to operate the instant kindergarten.
As a result, the Plaintiff continued to use the instant real estate in the education of the instant kindergarten, the instant sales contract does not constitute a selling act prohibited under Article 28(2) of the Private School Act.
Therefore, the instant disposition made by the Defendant on a different premise is unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. Article 51 of the Private School Act provides that a private school operator shall also be subject to determination.