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(영문) 춘천지방법원원주지원 2017.11.23 2016가합6176
건물명도
Text

1. The instant lawsuit was concluded on August 29, 2017 as the withdrawal of the lawsuit.

2. Expenses incurred after the completion of a lawsuit shall be borne by each person;

Reasons

1. Comprehensively taking account of the respective descriptions in the evidence Nos. 6 and 7 as well as the overall purport of the pleadings, the Minister of Education may recognize the fact that, on July 17, 2017, nine provisional directors, including C, etc., were selected and appointed as temporary directors of the Plaintiff; on August 11, 2017, eight temporary directors, including C, etc., attended and held on August 11, 2017, C is selected as temporary directors of the Plaintiff; and C submitted a written withdrawal on behalf of the Plaintiff on August 29, 2017.

2. D, registered as the chief director in the Plaintiff’s corporate register to determine whether to take effect of withdrawal of a lawsuit, asserts that a disposition by the Minister of Education who has appointed nine provisional directors of the Plaintiff, including C, as the chief director, has significant and apparent defects and should be revoked as unlawful, even if there is no significant and apparent defect. As such, C, who is appointed as the chief director of the Plaintiff’s provisional director by such provisional directors, has no authority to represent the Plaintiff, and accordingly C, has no effect of withdrawal of a lawsuit on behalf of the Plaintiff on August 29, 2017.

Article 25 (1) 1 of the Private School Act provides that "Where a school foundation deems it difficult to normally operate a school foundation because it fails to fill the vacancy of its directors, the competent authorities shall appoint a provisional director after deliberation by the Private School Dispute Mediation Committee, at the request of an interested party or ex officio." According to each of the evidence Nos. 3-1, 2, 4, 5-1, 2, and 6, the Minister of Education revoked the appointment of eight directors of the Plaintiff as of August 30, 201 and January 10, 201 (see Supreme Court Decision 2016Du803, 810, Oct. 27, 2016), the Minister of Education considers that the appointment of directors of the Plaintiff became null and void in sequence, and thus, the appointment of directors of the Plaintiff became invalid through deliberation by the Dispute Mediation Committee, including 9, such as D, registered as directors at the corporate register of the Plaintiff.

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