유치원 설립자 명의변경 불인가 처분 취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 23, 2007, the Plaintiff obtained authorization for the establishment of a kindergarten against the Plaintiff, from the Defendant, the name of the Plaintiff as “B kindergarten”; the founder as the Plaintiff; the number of classes and students as the Plaintiff; and the number of class and students as 112 square meters in the Plaintiff-si, the number of which is 4 classes; and the Plaintiff obtained authorization for the establishment of a private kindergarten on March 14, 201, under the condition that it shall comply with the Regulations on the Establishment and Operation of Schools of Various Levels below High Schools; 2) the Plaintiff obtained authorization for the establishment of a private kindergarten from the Defendant on March 14, 201, to increase the number of classes from 4 classes to 6 classes; and the number of students from 112 to 160.
B. (1) On April 20, 2012, the Plaintiff: (a) sold the land of the Plaintiff’s kindergarten and the school site of the Plaintiff; (b) on April 20, 2012, the land of the Plaintiff sold KRW 2 billion to F; (c) an intermediate payment of KRW 1.4 billion on June 1, 2012; and (d) agreed to deliver each of the said real estate to F on March 20, 2013; and (b) on June 1, 2012, the column for “special agreement” in the sales contract (Evidence 6) concluded between the Plaintiff and F, stating that “registered son shall be an attendance father.”
3) From August 2012, F operated B kindergarten, and from March 1, 2013, F served as the president of B kindergarten. C. The Plaintiff applied for authorization of change of the Plaintiff’s name and the Defendant’s refusal 1) around November 2, 2017, the Plaintiff applied for authorization of change of the name of the kindergarten that changed B from the Plaintiff to F.
2) Defendant 5 subparagraph 51 of Article 5 of the Gangwon-do Ordinance on the Delegation of Administrative Authority by the Superintendent of the Gangwon-do Office of Education delegated the authority to authorize the establishment and abolition of private kindergartens. On November 21, 2017, the Plaintiff rejected the Plaintiff’s application for authorization on the following grounds (hereinafter “instant disposition”).
- Private kindergartens are schools provided for in the Framework Act on Education, Early Childhood Education, Private School, and public nature.