1. The plaintiff's claim is dismissed.

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

1. The gist of the cause of the claim is a school juristic person with the purpose of establishing and operating the C college, and thus, the Plaintiff’s real estate owned by the Plaintiff is subject to a resolution of the board of directors in order to lease a building on the D ground (the six-story neighborhood living facilities used as a telecom, and was used as a microcom; hereinafter “ microcom building”), and obtain permission from the competent authorities.

The president of the Plaintiff entered into a contract for the entrusted operation of building management with the Defendant without the resolution of the board of directors and the permission of the competent authorities.

The above contract is null and void.

From January 1, 2014 to November 201, 2018, the Defendant obtained unjust enrichment equivalent to the rent by using and making profits from the telecoming building without any legal cause, and thus, should return the unjust enrichment equivalent to the rent that has not been paid during the said period.

2. Determination as to the cause of action

A. Article 28(1) of the former Private School Act (amended by Act No. 13938, Feb. 3, 2016; hereinafter “former Private School Act”) does not stipulate “lease of fundamental property” as matters subject to permission from the competent agency, on the ground that “a school juristic person intends to sell, donate, exchange, or offer its basic property for the purpose of use, or offer it as a security, or to bear the obligation or waive the right.”

Article 28(1) of the former Private School Act (wholly amended by Act No. 4226 of Apr. 7, 1990) provides, “When a school juristic person intends to sell, donate, lease, exchange, change the purpose of use, provide as security, or waive any obligation or right, it shall obtain permission from the supervisory authority” under Article 4226 of the former Private School Act (amended by Act No. 4226 of Apr. 7, 1990). In addition, “When a school juristic person intends to sell, donate, exchange, change the purpose of use, provide as security, or waive any obligation or right, it shall obtain permission from the competent authority.”