사립유치원 설립자 변경 인가 불승인처분취소
1. On June 7, 2017, the Defendant’s disposition of non-approval to change a private kindergarten against the Plaintiff is revoked.
2...
1. Details of the disposition;
A. On November 9, 1993, the Plaintiff established and operated a kindergarten listed in the attached Table 1 list (hereinafter “instant kindergarten”).
B. In concluding a sales contract between B and B on May 24, 2017, with the right to operate the instant kindergarten as well as the right to operate the instant kindergarten, the Plaintiff agreed to transfer the building and the site indicated in the attached Table 2, which is the property used for the education of the instant kindergarten (hereinafter “instant real property”). On May 24, 2017, the Plaintiff entered into a sales contract with B with respect to the instant real property as KRW 780,000 (a contract amounting to KRW 100,000,000,000 for intermediate payment, KRW 50,000,000) (hereinafter “instant sales contract”). The Plaintiff agreed to pay the remainder at the same time as the change to the founder of the instant kindergarten.
C. On May 25, 2017, the Plaintiff filed an application with the Defendant for approving the change of the founder of the instant kindergarten from the Plaintiff to B on the ground that the right to operate the instant kindergarten and the fundamental property was transferred to B. However, the Defendant issued a disposition not to approve the change of the founder of the instant kindergarten (hereinafter “instant disposition”) on the ground that “The instant real estate is not subject to sale or security of property, such as school sites, teachers, and gymnasiums, which are directly used for school education pursuant to Article 28(2) of the Private School Act, and is not subject to sale as property being directly used for school education without being abolished.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 5 through 8 (including virtual number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is that the instant real estate, which is an fundamental property for education of the instant kindergarten, is transferred to B through the instant sales contract along with the right to operate the instant kindergarten.