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(영문) 대구고등법원 2018.11.15 2018나21983

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The co-defendant C of the first instance trial (hereinafter “C”) was engaged in the overall duties of managing the foundation while working as a director of the school foundation G (hereinafter “G”) from September 2008 to August 2014 as the head of the planning office.

From January 1, 2012 to June 30, 2013, Defendant D is a school operation support of the Daegu Metropolitan Office of Education in Daegu Metropolitan City and a local educational administrative branch under its jurisdiction, and was engaged in the acquisition and disposal of fundamental property of private schools, the provision of security, and the change of use of private schools.

B. (1) The Office of Education of Daegu Metropolitan City from around 2003 to the Board of Audit and Inspection, etc. pointed out that the level of financial self-sufficiency was enhanced by efficiently managing the basic property of the Daegu Metropolitan City and raising the level of financial self-sufficiency. Since March 2012 to July 2012, educational foundations inspected the basic property of the school foundations in the Daegu Metropolitan City, and then the school foundations were required to convert the basic property for educational purposes into the basic property for profit-making purposes. (2) As a result of the examination of fundamental property of G, Defendant D, who is the competent officer, was in charge of the above process of examining the basic property of G, confirmed that G had basic property for educational purposes exceeding 17,640 square meters (27,570 square meters) of the basic property for educational purposes to be secured, and suggested C to enhance the profitability of the school foundation by changing part of the basic property for profit-making purposes.

3) Accordingly, C submitted to the Office of Education of Daegu Metropolitan City Office of Education an application for change of fundamental property for education, stating that “The purpose of use of H land, which is an fundamental property for education inG, is changed to the basic property for profit-making use, and a private business entity shall obtain a business license after securing financial resources and designing and constructing the building, and operating the building for a certain period after obtaining a business license, and shall pay rent of at least KRW 500 million annually and transfer the ownership of the building at the expiration of the contract period.”