1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. It is unreasonable for the Plaintiff to seize KRW 17,649,180, out of the Plaintiff’s benefits from April 201 to October 201, at the time that the president C of B University held office as the professor of B University as the Plaintiff’s cause of the Plaintiff’s claim, and thus, the Defendant is obligated to refund the above amount to the Plaintiff.

2. As to the lawsuit of this case where the plaintiff sought payment of the amount claimed against the defendant as to the defense prior to the merits, the defendant defense that the lawsuit of this case should be dismissed because it is unlawful.

In this regard, the administrative agency can not become a party to the ordinary civil procedure due to the lack of legal capacity under the Civil Act.

The lawsuit of this case filed against the Minister of Education, who is an administrative agency, is unlawful as it is against a person with no party capacity.

3. The lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.