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(영문) 서울고등법원 2017.12.21 2017나2052598
기부금환수 및 미지급급여금 환수
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The relevant Defendant is an incorporated school foundation established under the Private School Act, and the Plaintiff is a person who served as the president from March 1, 2008 to July 12, 2013 at a C school established and operated by the Defendant.

B. (1) From June 2008 to March 2012, the Plaintiff donated KRW 195,948,650 to C schools totaling KRW 195,95,650 as the development fund. (2) The Ministry of Education, Science and Technology (hereinafter the Ministry of Education) conducted a comprehensive audit on the Defendant including C schools from May 12, 2012. As a result, many violations of the Private School Act were discovered.

3) On February 12, 2013, the Defendant presented a meeting of the board of directors to determine the pneumoconiosis (the scheduled date of closure of a school, February 28, 2013) on the ground that there is a limit in the normal operation of a C school, and resolved on the agenda. On February 18, 2013, the Ministry of Education submitted an application for authorization following the resolution of the C school pneumoconiosis. However, on April 22, 2013, upon the return of the application due to certain adjustment, the Defendant again held the board of directors on April 22, 2013, presented the proposal to the Defendant for authorization of the C school’s self-harm adjustment (the scheduled date of closure of a school) as the agenda No. 1333, May 26, 2013, the Minister of Education again held a meeting of the board of directors on May 29, 2013, and the Plaintiff continued to repeal the C school’s 16th, which was the ground for abolition of the C school.

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