1. The defendant's appeal is dismissed.

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

3. It shall be based on the rectification of judgments and trials;

1. The court's explanation in this part of the facts of recognition is the same as the 2nd sentence No. 9 to No. 4 of the first instance judgment (the part of the facts of recognition). Thus, the above part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The judgment of the court of first instance on the primary claim dismissed the plaintiff's primary claim and accepted the plaintiff's conjunctive claim. Since only the defendant appealed against the conjunctive claim among the judgment of the court of first instance, the scope of the judgment of the court of first instance is limited to the above part of the appeal, and therefore, the main claim is not determined

3. Part of the primary claim;

A. According to Article 28(1) of the Private School Act which invalidates an agreement, where a school foundation intends to assume an obligation, it shall obtain permission from the competent agency. Thus, where a school foundation performs an obligation without permission from such competent agency, such act is invalid, and where a school foundation performs a legal act concerning the acquisition, disposal and management of a school foundation's loan and property without deliberation and resolution by the board of directors under Article 16(1) of the Private School

(See Supreme Court Decision 2010Da105327 Decided February 28, 2013, etc.), since the use agreement and return agreement of this case fall under “matters concerning the disposal and management of property” under Article 16(1)1 of the Private School Act or “when the defendant bears the obligation” under Article 28(1) of the Private School Act, it shall be effective for the defendant to obtain the deliberation and resolution of the board of directors under Article 16(1) of the Private School Act and the permission of the competent authorities under Article 28(1) of the Private School Act. However, since the fact that the defendant did not obtain the deliberation and resolution of the board of directors and the permission of the competent authorities until now with respect to the use agreement and return agreement of this case does not conflict between the parties, the above agreement has no effect.

B. The plaintiff's assertion that the defendant's interest exists and the plaintiff's assertion is against theO representing the defendant.