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(영문) 서울고등법원 2016.10.20 2016나2032634
입학취소무효확인등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance (including the statement of the plaintiff and the plaintiff's representative in the court, and the plaintiff's written application on October 11, 2016), the court has a sufficient basis for admitting the reasoning of the judgment of the court of first instance (such as the law, precedents, interpretation and application of legal principles, recognition of facts and facts, and determination of the issues, etc.).

In addition, it is difficult to view this case as a type to confirm facts by the plaintiff's personal examination.

The reasons to be stated by this court are the same as the reasons of the judgment of the first instance except for the following additional or further portions, and thus, they are cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The part added or used in the appellate court shall be subject to the following measures from the 3rd page “Plaintiff’s assertion” to the 4th page “(7) of the first instance judgment.”

In addition to the Plaintiff’s inquiry about the Plaintiff’s registered status and the cancellation of the transfer to a school affairs support team since October 2005, and the Plaintiff stated to the effect that the Plaintiff was aware of the revocation of the transfer to a school affairs support team in the course of obtaining a certificate of graduation, etc. for employment (see, e.g., Notice 3 and 6). C University cannot be deemed to have cancelled the transfer to a Plaintiff only after May 27, 2015. According to the evidence No. 4, the Plaintiff’s Association of the C University was deemed to have sent a notice for payment of the transfer to the Plaintiff even after 2015, but the said fact does not affect the determination of the time when the transfer to a school affairs support team was cancelled. In addition, Article 10 of the first instance judgment of “The above fact is reasonable to deem that the above facts constitute grounds for invalidation,” as stated in the evidence No. 4, 10 of the first instance judgment, and the following.

"The facts and time of the recognition."

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