1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a school juristic person with the aim of providing secondary education, higher education, and specialized education on commerce, which establishes and operates a “B middle school”.

B. On March 1, 2010, the Plaintiff appointed D, a child of C, who was appointed as the principal of the Plaintiff’s educational foundation, as the principal of the middle school, and on March 5, 2010, reported to the Defendant on the appointment of the principal pursuant to Article 54(1) of the Private School Act.

C. On December 10, 2010, the Defendant notified the Plaintiff that he/she should return KRW 38,356,500 for the period of non-approval service (from March 1, 2010 to November 30, 2010) in accordance with Article 9(2) of the Seoul Special Metropolitan City Ordinance on the Financial Support for Private Schools (hereinafter “instant Ordinance”) on the ground that the Plaintiff appointed D having relations with the president and his/her lineal descendants as the principal of the middle school established and operated by the Plaintiff without obtaining approval from the Defendant who is the competent agency and received the subsidy for financial deficiencies.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s 1, 3, and Eul’s 5 evidence, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

① Although the Plaintiff did not obtain the Defendant’s approval from the competent authority while appointing D, the Plaintiff’s child as the principal of the school, this does not constitute the grounds for the Defendant’s return of subsidies under Article 9(2) of the instant Ordinance, which was cited as the grounds for the instant disposition, and thus, the instant disposition is unlawful without any legal basis.

② Article 54(1) of the Private School Act, Article 23 of the Enforcement Decree of the same Act, and Article 2009-6 of the Seoul Special Metropolitan City Office of Education’s Notification ( February 16, 2009) of the Seoul Special Metropolitan City Office of Education’s Notice No. 2013, Nov. 17, 2010.