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(영문) 서울중앙지방법원 2015.02.06 2012가합41965
부당이득반환 등
Text

1.(a)

Defendant Gyeongbuk-do University falls under the same Table with the plaintiffs listed in attached Table 2 attached hereto.

Reasons

1. Basic facts

A. The Gyeongbuk-do University, Daegu Educational University, Busan Educational University, Busan Educational University, and Busan Educational University are national universities established and managed by Korea.

(hereinafter referred to as “each national university of this case” in total. (b)

The Defendants are non-corporate associations that are equipped with the nature of a voluntary supporters' association for the insufficient educational facilities and operation expenses of each national university of this case.

C. The Defendants, with the consent of the president of each National University of this case, determined the business plan by the resolution of each board of directors of each of the Defendants, held the first board of directors each year to deliberate and decide on the pertinent school year budget, and accordingly, decided membership fees.

Afterwards, the revenue collection officer belonging to each national university of this case and the Defendants’ president with the authority delegated by the Defendants, issued a notice of enrollment fees to the effect that the students wish to register in the new semester under the sole name of the revenue collection officer, in lump sum, shall pay admission fees, tuition fees, and dues for school expenses.

The above notice was divided into the amount of admission fees, tuition fees, and dues received by the above revenue collection officer, and the amount of each of the detailed items of the dues to be received by the chairperson of the defendants, but the payment period and payment method were not divided.

Accordingly, students paid admission fees, tuition fees, and dues for school supporting association in lump sum as stated in the above written notice of tuition fees, and there was no case allowing the payment of dues for school supporting association separately from admission fees or tuition fees.

The rules of each of the Defendants’ association stipulate that the parents or guardians (except for the students themselves) of students attending each of the respective national universities of this case shall be ordinary members or regular members of the council (hereinafter “ordinary members”) (hereinafter “ordinary members”).

E. The Plaintiffs indicated in the attached Table 2 are Defendant 1 during the period of attending the Gyeongbuk University as students or graduates of the Gyeongbuk University.

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