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. Details of the disposition;

A. The Plaintiff is a school foundation that establishes and operates the Jeju-do University (hereinafter “instant university”). The Plaintiff owned four parcels of land, including the Jeju-do Incheon Metropolitan City 246, U.S. 247, U.S. 248, U.S. 251 (hereinafter “each parcel of land in this case”) and manages it as an fundamental property for education.

B. On January 18, 2013, the Plaintiff held a board of directors to resolve to change the use of each land of this case from fundamental property for education to fundamental property for profit-making purposes. On December 31, 2014, the Plaintiff reported the change of use of each land of this case to the Defendant.

C. Accordingly, on February 25, 2015, the Defendant rendered a non-acceptance of the Plaintiff’s report on change of use on the ground that “this case is subject to permission from the competent authorities pursuant to Article 28(1) of the Private School Act and Article 11(5)3 of the Enforcement Decree of the same Act” to the Plaintiff, and that “this case is subject to

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, entry of Gap’s evidence Nos. 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 28 of the Private School Act provides that a school foundation shall obtain permission from the competent authority when it changes its basic property, and shall report minor matters prescribed by Presidential Decree to the competent authority. However, the former Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (Amended by Act No. 13660, Dec. 29, 2015; hereinafter “Special Act on Jeju”).

Article 96-2(3) of the Private School Act provides that matters to be prescribed by Presidential Decree under the proviso to Article 28(1) of the Private School Act may be prescribed by Provincial Ordinance. Accordingly, Article 13-2 of the former Ordinance on the Establishment and Operation of Jeju Special Self-Governing Province (amended by Ordinance No. 1272, Apr. 1, 2015) (hereinafter “instant Ordinance”).

the criteria prescribed by this Ordinance.