beta
(영문) 서울중앙지방법원 2015.05.12 2014나2289

부당이득금

Text

1. The plaintiff's appeal and the selective preliminary claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who attended the Seoul National University established by the Decree on the Establishment of Seoul National University (repealed by Presidential Decree No. 23116, Sept. 6, 2011) (hereinafter “former Seoul University”) with the Defendant’s overall transfer from 2002 to 2011.

(2) On December 28, 201, the previous Seoul National University Act was enacted on December 28, 201, and the Seoul National University Act (amended on December 27, 2010; hereinafter “Seoul National University Act”) was converted into the defendant as a legal person.

B. The Plaintiff’s payment of membership fees (1) is an unincorporated association that is created by the nature of a voluntary supporters’ association in order to contribute to the creation of an atmosphere of Myeonology and the improvement of educational conditions by supporting urgent educational facilities and university operations, etc. that fall short of the burden of founders around 1963.

(2) After having determined the project plan with the consent of the former president of Seoul Metropolitan Government and the resolution of the board of directors, the Council held the first board of directors each year to deliberate and resolve on the budget bill for the pertinent school year, and accordingly decided on the dues for membership.

The president of the Council issued a written notice of enrollment fees to the students who intend to register in the new semester under the joint name with the revenue collection officers belonging to the previous Seoul Metropolitan Government, to pay admission fees, tuition fees, and dues for school supporting association in lump sum.

(3) While attending the previous Seoul Metropolitan Government, the Plaintiff paid admission fees, tuition fees, and dues for school supporting association in lump sum as stated in the notice of tuition fees.

The details of the membership fees paid by the Plaintiff (hereinafter referred to as “the membership fees of this case”) are as listed in the following table:

The amount (won) 1 2003/2 1,769,000 9 August 22, 2003 207/207/208. 4,169,002 204/1, 2004/1, 2004. 91,00 1,991,00 10 2008/100 10 2008/10394, 394, 003203 204/208/200 204/208, 2008/200 1,991, 20011 208/208/4, 2008. < Amended by Presidential Decree No. 190473, Aug. 27, 2008; Presidential Decree No. 190053, Feb. 1, 2005; Presidential Decree No. 170065, Feb. 209, 2005, 2004, 205>