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(영문) 부산지방법원 2015.04.23 2014구합21692
사회복지법인 설립허가취소 및 해산명령처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 6, 1965, a social welfare foundation B obtained permission to establish and operate a medical care center for persons with disabilities and to implement social welfare programs from the Defendant, and changed its name to the Plaintiff (A) on February 17, 2014 after it was established on February 25, 1965.

B. On June 10, 2014, the Defendant revoked the establishment permission of a social welfare foundation pursuant to Article 26(1)11 of the Social Welfare Services Act for the following reasons and appointed a liquidator pursuant to Articles 77 through 94 of the Civil Act and ordered the dissolution of the foundation and the execution of the liquidation procedures (hereinafter “instant disposition”).

The grounds for revocation: Violation of Article 23(3) of the Social Welfare Services Act by failing to comply with the terms and conditions of permission for the sale of corporate basic property, such as Articles 23 and 28 of the Social Welfare Services Act, and by using it for private purposes (hereinafter “instant ground 1”); the Plaintiff shall use the proceeds of sale for factory reinforcement and building construction from the Defendant on April 21, 2005 under the terms and conditions of permission that “the proceeds of sale shall be used for factory reinforcement and building construction of the Gangseo-gu Busan Metropolitan City (hereinafter “C”) 17,642 square meters or less of eight lots, such as Gangseo-gu Busan Metropolitan City D

- The former representative E sells D site at KRW 2,146,00,00,00 and wrongfully uses KRW 1,036,261,118 out of the proceeds of sale for three times from June 30, 209 to July 31, 2009, in violation of the terms and conditions of permission, and wrongfully appropriates KRW 230,970,921 on five occasions from July 23, 2009 to October 8, 2009, and he/she was indicted for non-detained as a result of the prosecution investigation, and was detained on May 16, 2014 to be detained by the Busan District Court for three years, and thus, the violation of Article 28 (2) of the Social Welfare Services Act (hereinafter referred to as the “instant violation of Article 28 (2) of the Social Welfare Services Act”) in violation of the purpose of use for profit-making business.

- The F shall, under the direction of E on September 11, 2008, account in the foreign exchange bank account, the proceeds management account of the Plaintiff-making chain.

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