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(영문) 대구지방법원 2019.02.20 2018구합25020
사립유치원 설립자 변경 인가 불허처분 취소 청구의 소
Text

1. The Defendant’s disposition of non-permission to change a private kindergarten established on October 23, 2018 to the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. On March 1, 2006, the Plaintiff A, from the Defendant on March 1, 2006, 1,424 square meters in Nam-gu C, Nam-gu and its ground buildings attached thereto.

1. The term “real estate” means each listed real estate;

hereinafter referred to as “instant real estate”

) In D Kindergartens (number of classes and the prescribed number of classes: 245 classes, hereinafter referred to as “schools”);

B. On September 21, 2018, Plaintiff A entered into a contract with Plaintiff B to sell the instant real estate at the price of KRW 1.2 billion and to transfer the right to operate the kindergarten (hereinafter “instant contract”).

(C) However, on October 19, 2018, the Plaintiffs filed an application with the Defendant for authorization to change the founder of a kindergarten to change the Plaintiff from A to Plaintiff B on the ground that “the right to operate a kindergarten and the fundamental property have been transferred to Plaintiff B.” D. Accordingly, on October 23, 2018, the Defendant rejected the authorization to change the founder of a kindergarten (hereinafter “instant disposition”).

A) In relation to an application for authorization to change the founder of a kindergarten, Article 8(4) of the Early Childhood Education Act and Article 9(3) and (4) of the Enforcement Decree thereof provide for the change of the founder of a private kindergarten. However, according to Article 7 of the Regulations on the Establishment and Operation of Schools below high schools and below all levels of schools, the founder of a kindergarten is prohibited from changing the founder through sale and purchase of a private kindergarten because he/she cannot sell school buildings and school sites or offer them as security pursuant to Article 28(2) of the Private School Act.

An application for authorization to change a founder of a D kindergarten is impossible to change a founder due to sale between private persons, and it is due to abnormal donation, etc. between others because no document to prove the sale is available separately from an application for authorization to change.

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