logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.04.05 2016가단21186
증여 해지의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of the dispute

A. A. On October 26, 1996, the summary of the school foundation C (D) of the relevant school foundation completed the registration of incorporation on November 15, 1996, after obtaining permission from the Minister of Education for establishing and operating the “E graduate school university.”

Defendant B (hereinafter “Defendant school foundation”) is an educational foundation that establishes and operates “G school” (former name “H school”) which is a various kinds of schools under the Higher Education Act and “I cyber college school” which is a lifelong educational establishment under the Lifelong Education Act.

On July 23, 2004, the school foundation C was dissolved by the order of dissolution by the Minister of Education and Human Resources Development, and the remaining property of the school foundation was reverted to the defendant school foundation in accordance with Article 35 of the Private School Act and the articles of incorporation of the school foundation C.

B. On May 29, 2013, G schools operated by the Minister of Education and Human Resources Development in advance of an order to dissolve a defendant school juristic person by the Minister of Education and Human Resources Development (Ministry of Education and Human Resources Development) was closed on August 31, 2013 with authorization from the Minister of Education and Human Resources Development.

On November 7, 2016, the Ministry of Education and Human Resources Development recognized that the defendant school foundation falls under the reasons (if it is impossible to achieve the purpose) stipulated in Article 47 (1) 2 of the Private School Act and notified the defendant school foundation of an order to dissolve it.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, 6, 7, 27, 28, and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff donated real estate and cash to the Defendant educational foundation to carry out the intended business as stipulated in the articles of incorporation. Even after the Defendant educational foundation was established, the Plaintiff donated real estate and cash several times.

The defendant school juristic person does not use the above property donated by the plaintiff for the purpose of donation.

arrow