설립자변경인가불허처분취소
The plaintiff's claim is dismissed.
Of the litigation costs, the part relating to the participation in the plaintiff suit is the intervenor in the plaintiff suit.
1. He/she shall observe the matters not exceeding the founder in granting authorization for the details of the disposition, and comply with the Acts and subordinate statutes related to education, including the Early Childhood Education Act, which may be taken under Articles 30, 32, 34, and 36 of the Enforcement Decree of the same Act and subordinate statutes related to education, such as the Early Childhood Education Act, in the event of a violation of Article 30, 32, and 34 (Penal Provisions) of the Early Childhood Education Act, and Article 36 (Closure of Kindergartens) of the Enforcement Decree of the same Act and other Acts and subordinate statutes related
A. On October 1, 2014, the Plaintiff completed the registration of ownership transfer with respect to land shares and buildings (hereinafter “instant real estate”). On December 15, 2014, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate, and on December 15, 2014, “C Kindergarten” (hereinafter “instant kindergarten”) obtained authorization for establishment of a private kindergarten under the name of the kindergarten, and the following conditions were added thereto at the time.
B. On March 1, 2015, the Plaintiff opened the instant kindergarten and operated the said kindergarten from that time. On September 11, 2017, the Plaintiff entered into a sales contract to operate the instant kindergarten and sell all of the instant real estate and the instant kindergarten facilities for KRW 2 billion (hereinafter “instant sales contract”). The Intervenor paid the purchase price to the Plaintiff at that time, and received the transfer of the instant real estate and the instant kindergarten.
C. On June 25, 2018, the Plaintiff et al. filed a lawsuit against the Intervenor seeking the implementation and acceptance of the procedure for the registration of ownership transfer regarding the instant real estate (Seoul District Court Decision 2018Gahap73389), and on June 24, 2019 in the said litigation procedure, the Plaintiff et al. submitted an application for change of the founder of the instant kindergarten by July 5, 2019, and the Plaintiff immediately after the disposition for authorization is taken against the Intervenor.