부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the case is that the plaintiff seeks the return of unjust enrichment for the flag fee (2009, 2010, 1, 2011) paid by the defendant, who is a national university of the Republic of Korea National University of Air and correspondence.
Judgment
The establishment fees of national universities include the legal nature of membership fees that are paid by the members of the Council in accordance with the rules of the Council. In addition, it can be seen that the national university received from students or parents the fees for the use of public structures through the Council, and that the national university received from the students or parents the fees for the use of the public structures, and that the national university received from the founders and managers of the national university pursuant to Article 11(1) of the Higher Education Act.
In addition, since the Higher Education Act was enacted on December 13, 1997, the grounds for receiving tuition fees and other payments are stipulated in Article 11(1) of the Higher Education Act. Thus, it cannot be deemed that the establishment of the National University is a case where a national university received tuition fees, along with tuition fees, from the national university’s payment of tuition fees, and the national university’s establishment of the Higher Education Act does not fall under the case where a national university’s establishment of the National University obtains profits from another’s property without legal grounds.
(see Supreme Court en banc Decision 2014Da5531, Jun. 25, 2015). As such, the Plaintiff’s claim of this case is dismissed as it is without merit. It is so decided as per Disposition.