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(영문) 서울고등법원 2015.12.09 2015누37633

임원취임승인취소처분 취소

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the dismissal of the following matters, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

The disposition No. 5 of the first instance court's decision No. 6 of the table No. 2, the name column 2 of the table No. 7, the name column 13, No. 18, No. 18, No. 18, No. 21, No. 20, No. 24, each "V" of the column 14 of the column No. 2, No. 7, No. 13, No. 18

Part 7 of the judgment of the first instance court, “The lawsuit was instituted, and the lawsuit is currently in progress,” is sentenced to the revocation of part of the disposition No. 4 and No. 10 as a result of the specific audit of this case. The plaintiff and the defendant appeal all of the above lawsuit and are still pending in the appellate trial.”

No. 10 of the judgment of the first instance court is the " August 16, 2012" of the 21st judgment as " August 31, 2012".

Part 8 of the 11th judgment of the first instance court refers to "Y University" as "M University".

From the bottom of the 11th judgment of the first instance, the "No. 19" shall be added to the "No. 19" in paragraph (1).

The provisions of paragraphs (b) and (c) of section 13, 14 of the judgment of the first instance shall be deleted and shall be added as follows:

(B) In light of the purport of Article 29(1) and (6) of the Private School Act, in general, with the care of a good manager under Article 61 of the Civil Act as applied mutatis mutandis pursuant to Article 27 of the Private School Act, the president and directors of an educational foundation must not approve a budget bill covering the expenses to be borne by the corporate accounting in the income belonging to the corporate accounting. In addition, when the president and directors of an educational foundation become aware of the illegal diversion of the school expense accounting as mentioned above in the course of performing their duties, it is reasonable to deem that they have the duty or responsibility to take necessary measures, such as demanding the correction thereof (see Supreme Court Decision 2012Du1875, Jan. 24, 2013).