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(영문) 서울고등법원 2017.05.16 2017누30483

수용재결취소등

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds alleged by the plaintiff at the trial of the first instance are not significantly different from the allegations at the trial of the first instance, and the judgment of the first instance, which rejected the plaintiff's assertion even if the evidence submitted at the trial is re-examineed with the plaintiff's assertion, is recognized as legitimate.

Therefore, the court's explanation on this case shall require the permission of the competent agency when the school juristic person intends to sell, donate, exchange, change the purpose of its fundamental property, provide it as security, or waive its obligation or right: Provided, That such minor matters as prescribed by the Presidential Decree shall be reported to the competent agency. (2) Of the property of the school juristic person directly used for school education, those matters as prescribed by the Presidential Decree shall not be sold or provided as security. (5) The term "minor matters as prescribed by the Presidential Decree" in the proviso of Article 28 (1) of the Private School Act, Article 11 (5) 2 of the Enforcement Decree of the Private School Act, and Article 28 (1) of the Private School Act means any of the following cases:

Provided, That this shall not apply where a school foundation dividess basic property of the school foundation or violates the Act, this Decree, or other related Acts and subordinate statutes with a view to not obtaining permission under the main sentence of Article 2

2. Where fundamental property is disposed of by consultation or expropriation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (limited to cases where the amount of compensation for loss is used for the same purpose as that of relevant fundamental property) (1) Any property which cannot be sold by the school foundation or offered as security pursuant to Article 28 (2) of the Act shall be the education of the private school established and operated by the relevant school foundation;