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1. The part of the judgment of the first instance against the Defendant Korea Air and correspondence University shall be revoked, and the above part shall be applicable.
Reasons
1. Facts of recognition;
(a) The Korea Air and correspondence University (hereinafter referred to as the “Korea Air and correspondence University”) is a national school established and operated by the Republic of Korea of Korea (Articles 2 subparag. 5 and 3 of the Higher Education Act) and is subject to guidance and supervision by the Minister of Education (Article 5(1)
The plaintiff and the designated parties (hereinafter both the plaintiff and the designated parties referred to as the plaintiffs) are those who attend the defense room or graduated from the above school, and the defendant press association is a non-corporate association that is equipped with the nature of a voluntary supporters' association to support the insufficient educational facilities and operating expenses of the defense room.
C. The president of the Defendant Council issued a written notice of registration fees to the effect that the Plaintiff would pay the enrollment fees in lump sum along with the entrance fees and tuition fees to the revenue collection officers belonging to the Plaintiff and students who want to register in the new semester under the joint name.
The notification of the above enrollment fees shall be indicated by classifying the amount of each item of the entrance fees, tuition fees, and dues received by the revenue collection officer, and the amount of each item of the dues received by the chairperson of the defendant association, but the payment period and the payment method have not been divided.
After having determined the business plan through the consent of the president of the National Assembly of Korea and the resolution of the board of directors of the defendant Association of Korea, the defendant Association of Korea held the first board of directors each year to deliberate and decide on the relevant school year's budget bill, which has been formulated by the president of the National Assembly of Korea delegated by the defendant Association of Korea, and determined the dues for dues accordingly.
The plaintiffs paid admission fees, tuition fees, and dues for school supporting association in lump sum as stated in the above payment notice, and there was no case allowing the payment of dues for school supporting association separately from the admission fees or tuition fees until the closing date of the argument in this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, Eul evidence Nos. 1 through 6 (including paper numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. As a financial resource for education at the National University, the part of the claim against the Defendant Gisung was filed, the operator of the National University.