1. The plaintiff's claim is dismissed.

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

1. The circumstances leading up to the disposition B, with the authorization from the Defendant to establish a child care center in Seo-gu Incheon, Seo-gu (representative B; hereinafter “instant child care center”).

On October 11, 2016, the Plaintiff filed an application with the Defendant for authorization of the change of the representative on the ground of the transfer of the child care center of this case with the content that “B and the Plaintiff, the transferee, transferred the entire operating rights of the child care center of this case under mutual agreement, transferred the list of the transfer and takeovers, and confirmed that the previous administrative disposition is succeeded to the transferee,” along with the attached Form 5-year accounting document, five-year passbook, separate passbook, passbook, passbook, equipment, teaching material, etc., attached to the list of transfer and takeovers (hereinafter “instant transfer and takeover”). Accordingly, on November 3, 2016, the Defendant approved the change of the representative of the child care center of this case from B to the Plaintiff (hereinafter “instant authorization of change”).

B A while the Plaintiff did not transfer the instant childcare center to the Plaintiff, the Plaintiff filed a criminal complaint asserting that the representative of the instant childcare center was replaced by the Plaintiff by forging and using the instant transfer/acquisition. On November 30, 2017, the Plaintiff was sentenced to a judgment of conviction of KRW 3 million (In Incheon District Court 2017 High Court 2017 High Court 6900) on the ground that there was a criminal fact that the Plaintiff forged the instant transfer/acquisition certificate under the name of B and exercised it for the purpose of applying for the change of the representative of the childcare center. The judgment became final and conclusive on June 8, 2018 as the Plaintiff’s appeal was dismissed (in Incheon District Court 2017No4574).

The Defendant received the disposition for modification of the instant transfer/acquisition by submitting the falsified transfer/acquisition certificate under B when the Plaintiff applied for modification of the representative on the ground of the transfer/acquisition of the instant childcare center, and thus, the disposition for modification of the instant transfer/acquisition was defective on January 31, 2018.