사립유치원 설립자 변경 인가 불승인처분 취소
1. The Defendant’s disposition of non-approval of the establishment of each kindergarten to the Plaintiffs on June 5, 2017 is revoked.
2...
1. Details of the disposition;
A. Plaintiff A operated D Kindergartens in U.S. Northern-gu C, and Plaintiff B operated F Kindergartens in U.S. Northern-gu, Ulsan-gu, and U.S. E (hereinafter collectively referred to as “each of the instant kindergartens”).
B. On March 29, 2017, Plaintiff A entered into a sales contract to sell the relevant building and site along with the right to operate the D kindergarten, and Plaintiff B entered into a sales contract to sell the relevant building and site with the right to operate the F kindergarten on March 20, 2017.
(2) Each of the instant kindergartens’ buildings and sites refers to “each of the instant real estate,” and each of the instant sales contracts is “each of the instant sales contracts.”
Plaintiff
On March 31, 2017, A, along with G, filed an application with the Defendant for approving the change of the founders of the D kindergarten to G on the ground that “D kindergarten operating rights and fundamental property has been transferred to G”, and the Plaintiff B also filed an application with the Defendant for approving the change of the founders of the F kindergarten to H on the ground that “F kindergarten operating rights and basic property has been transferred to H” with H on March 31, 2017.
On June 5, 2017, the Defendant issued a disposition not to approve the change authorization for each of the instant kindergartens (hereinafter “each of the instant dispositions”) with the purport that “The instant real estate is a property being directly used for school education without being abolished, and thus is not subject to trade pursuant to Article 28(2) of the Private School Act.”
[Reasons for Recognition] Facts without dispute, each entry in Gap evidence 1 through 9 (including branch numbers for those with additional numbers), witness G, and H's testimony, the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. The Plaintiffs asserted through each of the instant sales contracts that transferred each of the instant real estate to G and H, which is the fundamental property for education of each of the instant kindergartens, along with the right to operate each of the instant kindergartens.
Accordingly, the Plaintiffs are the same.