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(영문) 제주지방법원 2015.10.07 2015구합5126
기본재산 용도변경신고 불수리(반려) 처분 취소 청구의 소
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. The Plaintiff is a school juristic person that established and operated the Jeju-do University (hereinafter “instant university”), and is in possession of the fourth parcel of land (hereinafter “each parcel of land in this case”) in the Jeju-si, the Jeju-si Incheon-do Office of Education (hereinafter “instant university”) and manages it as an fundamental property for education.

B. On January 18, 2013, the Plaintiff held a board of directors to resolve to change the use of each land of this case from fundamental property for education to fundamental property for profit-making purposes. On December 31, 2014, the Plaintiff reported the change of use of each land of this case to the Defendant.

C. Accordingly, on February 25, 2015, the Defendant rendered a non-acceptance of the Plaintiff’s report on change of use on the ground that “this case is subject to permission from the competent authorities pursuant to Article 28(1) of the Private School Act and Article 11(5)3 of the Enforcement Decree of the same Act” to the Plaintiff, and that “this case is subject to

(hereinafter “Disposition in this case”) (hereinafter “Disposition in this case”) is without dispute, entry in Gap’s evidence 1 to 5, the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Article 28 of the Private School Act provides that when a school foundation changes its basic property, it shall obtain permission from the competent agency and report minor matters prescribed by the Presidential Decree to the competent agency. The Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City (hereinafter “Special Act on Jeju”).

Article 96-2(3) of the Private School Act provides that matters to be prescribed by Presidential Decree under the proviso to Article 28(1) of the Private School Act may be prescribed by Provincial Ordinance. Accordingly, Article 13-2 of the Ordinance on the Establishment and Operation of Jeju Special Self-Governing Province (amended by Ordinance No. 1272, Apr. 1, 2015) (hereinafter referred to as “instant Ordinance”).

The basic property for education, such as teachers and school sites, owned in excess of the standards prescribed by this Ordinance, shall be future.

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