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(영문) 부산지방법원 2017.07.19 2016가합4573
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. School Foundation G (hereinafter “G”) is a school foundation that obtained authorization from the competent authorities in around 1969 to operate the I Middle School located in H at the time of macroscoping.

B. On January 9, 1970, G was merged with 2,264 square meters prior to K, H school sites 1,719 square meters (attached Form 3) and 268 square meters prior to K (the land in the attached Table 3) and 268 square meters prior to Mar. 20, 191, which was divided into 1,193 square meters and divided into N around May 15, 2001, M& 1,492 square meters (attached Table 1), and the said land was further combined with H & 3,550 square meters (hereinafter referred to as “the land in the attached list”) and transferred to H around October 20, 201.

C. On October 30, 2003, G obtained authorization for the closure of school from the head of the education center at the office of education at the office of education at the office of Sejong-do on the condition that “The basic property for education and basic property for profit shall be returned to the head of the board of directors, who is the original contributor stipulated in the plan for disposal of residual property as applied by G,” etc., on March 1, 2004, G obtained authorization for corporate dissolution.

On the other hand, the J died on October 1, 1979, and the plaintiff is his father and wife.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 evidence 1 to 3, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 8 and 9 respectively, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Plaintiff’s directors received free contributions from G as school sites. As such, in the case of the abolition of a school and the dissolution of a corporation, despite the obligation to return each of the above lands to the heir of J, the original contributor, the Defendants shall falsely prepare the minutes of the board of directors’ meeting with the purport that it is reasonable to return each of the above lands to theO, which was the president of the G president, and also to the head of the office of education of the G.

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