(영문) 부산고등법원 2011.6.22.선고 2009나7601 판결

The decision of the first instance court is revoked. It is confirmed that there is no remaining debt of 11 billion won against the defendant of the plaintiff under the agreement on donation between the plaintiffs and the defendant on October 8, 2003.

【The plaintiff sought confirmation that there is no remaining debt amounting to 11 billion won against the defendant based on ‘the original intent of donation' between the plaintiff and the defendant on October 8, 2003. The plaintiff sought confirmation that there is no existing debt amounting to 11 billion won against the defendant on the basis of ‘the original intent of donation' between the plaintiff and the defendant on October 8, 2003. The plaintiff sought confirmation that "the remaining debt amounting to 11 billion won is not nonexistent between the plaintiff and the defendant on October 8, 2003" through the request for alteration of the purport of the claim and the cause of claim between the plaintiff and the defendant on March 12, 2010. The plaintiff's amendment of the purport of the above 100 billion won on the ground that it is not consistent with the plaintiff's previous agreement of donation No. 10 on October 8, 200 on the basis of the plaintiff's initial agreement of donation No. 2 and the defendant on the grounds that it was no more than the plaintiff's previous agreement of donation No. 10 and its purport. 20.3.

Reasons

1. Facts of recognition;

A. Status of the plaintiffs

1) 원고 송○○는 1924년 ○○ ○○군에서 태어나 평생을 사업에 매진한 결과 주 식회사 ◆◆화성을 비롯하여 국내 굴지의 '◆◆그룹' 을 운영하게 된 입지전적인 ER 지역 향토기업가로 알려져 있고, 슬하에 자녀는 없으며, 1995. 11. 말경 원고 진○○과 재혼하였다.

2) 원고 송○○는 평소 인재양성을 통한 기업이윤의 사회환원에도 남다른 열정을 가지고 1985년경 학교법인 ◆●학원을 설립하여 운영해 오는 한편 2004. 1. 20.에는 「공익법인의 설립 · 운영에 관한 법률」 (이하, '공익법인법'이라 한다) 에 따라 학술, 문 화진흥의 지원 및 운영사업 등을 목적으로 하는 재단법인 □□교육문화재단( 이하 '□□ 재단'이라 한다, '□□(□□)'은 원고 송○○의 호( 號)이다) 을 설립하여 □□재단에 개인 재산으로 1,000억 원 상당의 기금을 출연한 바 있고, □□재단은 2005년경부터 '□□학 술상' 을 제정 · 시상해 오고 있으며 , 원고 송○○는 □□재단의 이사장, 원고 진○○은 상임이사로 각 재직하고 있다.

3) 원고 송○○는 ◆◆그룹을 승계하여 운영토록 하거나 막대한 자신의 재산을 물 려줄 자녀가 없는데다가 고령으로 건강상태도 여의치 않게 된 2002년경부터 그동안 운영해 오던 ◆◆그룹의 사업 및 재산을 정리하기 시작하였고, 그 일환으로 원고 진○ ○의 권유 등에 따라 공익재단의 설립이나 공익적 기부 등을 통한 재산의 사회환원 등 을 결심하게 되었으며, 이 사건에서 문제되고 있는 피고 산하 OO대학교( 이하 ' 대' 라고만 한다) 에 대한 305억 원의 기부나 앞서 본 바와 같은 □□재단의 설립도 그 중 일부인바, 원고들은 아래와 같은 경위로 자대에 발전기금 305억 원을 쾌척하기로 마 음먹고, 2003. 10. 8.2대와 사이에 정식으로 기부약정( 이하 '이 사건 기부약정'이라 하고, 당시 작성된 기부약정서인 갑 제2호증의 2를 '이 사건 기부약정서'라 한다)을 체 결한 후 그에 따라 약정한 총 305억 원의 기부금 중 195억 원에 관하여는 2006. 8. 23.까지 이행을 완료하였다( 그 나머지 미이행분 기부금 110억 원 채무의 부존재 확인 을 구하는 청구가 바로 이 사건 소송이다).

B. The progress up to the foundation of the plaintiffs' donation

(1) (2) From mid-1970s to mid-1970s, 1.27 June 27, 2002, 200. (1) From mid-2000s, 3,804,96,000 won were to be used as the site for 38,049,660 square meters for 38,560 square meters in the housing site development project district. 3,804,96,00 won was to be purchased for 3,804,96,000 won, and 3,425,094,000 won among the first 2,000 on June 27, 2005; 2,000 won was to be paid for each of the remaining 3,425,000 won to the Corporation from June 27, 2005; 3,420-4,207.

2) Meanwhile, at the time of the first sale and purchase contract, Park ○, who had been two presidents at the time of the second sale and purchase contract (the president was elected on June 12, 2003 and was reappointed on September 1, 2003 after the expiration of four-year term of office, and was in office as president on September 1, 2007) decided that, in relation to the construction of knives Campus, the first sale and purchase contract was intended not only to cover the problem of securing the site price corresponding to the most basic investment fund before retirement, but also to cover the knives that can be called "the core capacity university of the right to exchange Pacific" before retirement, under the intention of securing the balance of the site price according to the first sale and purchase contract through the donation of knives in the O region or the land price, it is sufficient for Song ○○ to make efforts to cultivate human resources through the first sale and purchase contract.

3) From March 2003, Park In-○ requested from Plaintiff Jin-○ through Plaintiff Jin-○ to donate money equivalent to the price of the land for the scamcambus to two parts of the case. On May 2003, Plaintiff Jin-○ discussed with Plaintiff Jin-○ and examined the request for the said donation in an pride. In addition, the amount of the donation requested by Plaintiff Jin-○ on the first Ocam was delivered to Plaintiff Jin-○ through the relation that the meaning of Plaintiff Jin-○ was not sufficient for Plaintiff Jin-○ to make a business and the meaning of Plaintiff Jin-○○○ was not “30.4 billion won,” but “30.5 billion won.”

However, the plaintiffs later failed to make a final decision on whether to make a donation. Among that, on June 17, 2003, Park Jong-○ et al. sent a book of title "university 00 square meters," which is "university 18 square meters," which is "university 100 square meters," and "0 university 18 square meters," which included the contents of the donation name, object, method, honorable treatment, etc. of donors, together with the letter of request that the plaintiff Song-○ et al. make the donation of the price of the land for knive campus in the name of the president of OO for the purpose of making the donation to the plaintiff Song-○ on June 17, 2003. The main contents of the above letter and book are as shown in attached Tables 1 and 2.

4) Meanwhile, Kim○-○, as a new president, did not request the Plaintiff Song-○, the former president, to donate the amount equivalent to the price of the land for the scambus scambus, or transfer or take over the process of its implementation. However, he had already been aware that the contents of the relevant lectures and the Plaintiffs had positive intent to contribute through various routes.

이에 김○○는 총장 취임 직전인 2003. 8. 말경부터 자신의 중 · 고등학교 동창 으로 원고 송○○가 설립한 학교법인 ◆◆학원 산하 - 여자고등학교의 행정실장으로 근무하던김에게 부탁하여 자 ●●호텔에서 원고 진○○을 만난 것을 비롯하여 수차 원고들에게 2대에 발전기금을 기부해 줄 것을 요청하였는데, 그 과정에서 ③ ◎캠퍼스의 건설도 차질 없이 추진하여야 하지만 그동안 ◎◎캠퍼스 부지확보에 치중 한 나머지 제1캠퍼스( OC --- ①①동 소재 대 캠퍼스를 지칭하는 것이고, 이하 '①①캠퍼스'라 한다)의 인적 · 물적 기반이 황폐화되었다고 할 정도로 열악한 상황임을 설명하면서 ◎◎캠퍼스 부지대금의 마련뿐만 아니라 낙후된 ①① 캠퍼스의 시설확충과 현대화, 교수들의 연구역량을 강화하기 위한 기반 구축이 더욱 시급하다는 점을 거듭 역설하였다.

5) The Plaintiffs agreed to fully explain the reality at which two prices are faced and future development direction, etc., and to contribute KRW 30.5 billion to the development of the 20th unit. On October 2003, 2003, the Plaintiffs agreed to promptly contribute KRW 10.0 billion among the 30.5 billions of the total donations in the Seocho Myeong-gu around October 2003, and finally declared that the remaining KRW 20.5 billion will be contributed in six equal installments from 2004 to 2009 each year.

(c) Preparation of an agreement on donation, the first contribution of 10 billion won by the plaintiffs, the contribution of 10 billion won for the first contribution of the plaintiffs, the contribution of donations, and the raising, etc. of the first high ○○○○○

1) In accordance with the intent of donation made by the Plaintiffs as a conclusive result on October 8, 2003, and the aforementioned circumstances, Kim○-○ was finally set up by the Plaintiffs. Accordingly, according to the Plaintiffs’ intention of donation, the Plaintiffs donated KRW 30.5 billion to A as “large Camps Construction and Research Development,” and the time, method, etc. of donation to be made in installments as referred to in the above b.5, two copies of the donation agreement of this case (No. 2-2 and No. 1) that the Plaintiffs would make a contribution in installments as referred to in the above b.5).

To prepare a letter of honorable treatment (as referred to in subparagraph 2, hereinafter referred to as the "certificate of honorable treatment of this case") under the name of the President of Grand President:

The 2nd camp 2nd camp 2nd camp 2nd camp 2nd camp 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 2nd group 200 group 3nd group 2nd group 2nd group.

2) On October 12, 2003, Plaintiff Jin-○, who was deposited in KRW 23 billion with Plaintiff Jin-○, issued a deposit passbook in the name of ○○ bank in the name of ○○○○○. Plaintiff Jin-○, following the date on October 13, 2003, transferred KRW 10 billion from the said deposit account to the Plaintiff Jin-○’s account in order to contribute the first contribution of KRW 10 billion pursuant to the instant donation agreement. On October 14, 2003, Plaintiff Jin-○, again transferred the KRW 10 billion from the said deposit account to the Plaintiff Jin-○’s account, and completed the said contribution of KRW 10 billion on October 14, 2003, by depositing KRW 10 billion from the said account of Plaintiff Jin-○ to the two passbook.

3) Meanwhile, on October 15, 2003, after receiving the first contribution of KRW 10 billion from the Plaintiffs in accordance with the instant donation agreement, the Plaintiff, the two major related persons, and press organizations were involved in the donation donation at the third floor competition room in the main office in the 11:00 on October 15, 2003, which is the day following the date of receiving the contribution of KRW 10 billion from the Plaintiffs. On that day, the 10:30 on that day, the 10:30 on that day held a multilateral conference in the president room.

4) The main contents of the part related to the use of the donation of this case, among the remarks made between Kim○○ and Plaintiff Song-○ at the time of the aforementioned multilateral conference, are as follows.

o October 15, 2003 - Contents of a multilateral conference at the time of contribution-making.

- The dump dumpus: The dump dump dumpusus cann't be called the dumpususus site.

- Kim ○: A stamper must be used in a stamper, 1stamper, knicker, and teaching studies.

I have the honor to accept it.

· The President, the President, the President, and the Fund that has contributed to the President’s thickness shall be used in the future, and only the portion thereof shall be short.

In addition, I would like to see my opinion.

- Song ○○: I would like to do so to the President of the Republic of Korea. I would like to do so.

5) 원고들의 이 사건 기부는 위 기부금 출연식 당일 또는 그 다음 날 국내 주요 언론매체를 통하여 대대적으로 보도되었는데, 그 내용은 '원고 송○○'의 이 사건 기부 를 칭송 · 찬양하는 것 일색이었고 , 특별히 '원고 진○○'을 언급하거나 '원고들 부부' 를 공동기부자로 다룬 보도는 찾아 볼 수 없었으며, 이 사건 기부금의 사용용도에 관하여 는 모두 '대학 시설확충, 연구지원비, 대학발전기금, 장학금 등'이라고 보도되었을 뿐이 고 그 용도가 '◎ ◎ 캠퍼스 부지대금'만으로 특정되거나 한정된 것이라는 내용의 보도는 없었으며, 대측이나 원고들이 이러한 보도내용과 관련하여 언론사에 이의를 제기 한 바도 없었다.

6) The two following two parties, in accordance with the instant honorable treatment letter, at the third floor conference room of the university of the university of the Republic of Korea on November 4, 2003, the plaintiffs' pool and the 2nd related persons et al. were to receive a doctorate degree for honorary management of the plaintiff Song ○○ in the presence of a large-scale person. On November 23, 2004, the university headquarters established the Dong branch of the building in the front of the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the building in the name of the sports center in the name of the sports center in the building in the building in the name of the plaintiffs in the hospital in the hospital in the hospital in the first place. The phrase in the above building in the Dong-gu dong-gu, stated that "the first 2nd of the plaintiff's first proposal to purchase the building in the housing."

D. Plaintiffs’ donation implementation, use of donations of NN, etc.

1) Under the instant donation agreement, the Plaintiffs contributed 19.5 billion won (hereinafter “the instant donation”) on October 14, 2003, and December 31, 2003, together with KRW 19.5 billion on May 30, 2005, KRW 5 billion on August 23, 2006, and KRW 4 billion on August 23, 2006, as seen earlier.

2) Under the instant donation agreement, the Plaintiff deposited the instant donation that was designated as “the gold for the construction and research support period of XX large camp” into the account of the University Development Fund (the president shall be 20 president in the case of president; hereinafter referred to as “Foundation Development Fund”) established pursuant to the Public Interest Corporation Act, and managed and used this B under the approval of the Office of Education of Metropolitan City ○○○ Office of Education, which is the competent authority, pursuant to the above law and the Enforcement Decree thereof. The details of its use, etc. are as listed below.

-the details of the use of the donations of this case

A person shall be appointed.

3) 2) The Plaintiffs’ donations used the instant donations in order to have a project for improving and developing various fields of education, including the improvement and expansion of school camping facilities. As a result, not only the improvement of the campus environment, but also the research performance in terms of the purpose of research, it was objectively assessed that the local university located in the Republic of Korea, 5th of the publication performance of the thesis for each university, 4th of the publication performance of the domestic academic journal, 2th of the publication performance of the thesis for each university, 5th of the publication performance of the thesis for each teacher in the Republic of Korea, 8th of the patent performance for each university, and 6th of the technical transfer performance for each university, 6th of the research achievement for each university.

4) On January 22, 2004, with respect to the use and enforcement of the above donations of this case, 204, the two parties obtained the Plaintiff’s signature of the special agreement on the construction plan (No. 15-2) and the “A. 15-3”) among the Plaintiff’s contributions to the ○○○○○○○○○○○○ University Construction Project,” and the “A. 15-3,” and the main contents are as follows: (i) the O.O.S. is to refer to the case of selecting the contractor, etc. on the recommendation of the donor in many cases at the time of construction of the building with the donation, and (ii) the documents signed by ○○○○○○○○○○○○○○ upon the request of the Plaintiff for the return of the said documents, and (iii) the Plaintiff’s signature was returned to ○○○○ on January 26, 2004.

송ㅇㅇ 회장출연금중건설계획에 대한특약서의 주요내용-

· 송ㅇㅇ (주)◆◆ 회장이 20대에 305억 원의 발전기금을 출연함에 있어, 동 발전기금으로 이루어지

shall enter into a special agreement with the following terms with regard to the enforcement of the construction of the building:

· The project implementation procedures, such as the acquisition of various authorizations and permissions necessary for the construction of buildings, shall be in charge.

· 건물의 설계, 감리 및 건축 시공자의 선정은 송ㅇㅇ 회장의 결정에 따른다.

E. Major contents of the letter of project selection for the research and development of the E University-

송○○ (주)◆◆ 회장과 ②대는 '송OO 회장 출연금 중 건설계획에 대한 특약서’에 의거하여 □□

Business operators for the establishment of a faculty research Dong shall be as follows:

- The design shall be (public disturbance).

- The supervision shall be (public disturbance).

- The implementation of the construction is (public space).

5) Meanwhile, as seen in the first sales contract as seen in the foregoing paragraph b.1, in order to change the terms and conditions of payment of the land for scambususususususususususususususususususususususususususususususususususususus we conclude several consultations with 10% Corporation and 11% of 10 years of 3 years of 10 years of 205, 1. ① The terms and conditions of the first sales contract with 7 years of 7 years of 209 to 9 times from June 27, 2013 to June 27, 2013, and the second sales contract with 27 December 2013 (hereinafter “the second sales contract”) were agreed to change the terms and conditions of payment of the land for scamusususususususususususus.

After that, on September 21, 2007, 100 ① The intermediate payment is changed again into the terms of the second sales contract with the Corporation, and the intermediate payment is made once from September 27, 2007 to September 27, 2009, and the balance is made on December 27, 2009 (hereinafter “third sales contract”). This is the part of the implementation of the resolution by the board of directors of the Foundation of May 18, 2007, which was made after February 26, 2007 by the two sides of the objection raised and the request for correction related to the use of the donation of this case by the Plaintiff Jjin-○ after February 26, 2007.

E. The board of directors of the Plaintiff JOO’s Foundation raises issues related to the instant donation, and the Plaintiff Song-○’s objection thereto.

1) The original parties to the donation agreement of this case were the plaintiffs, but the plaintiffs contributed the first 10 billion won on October 14, 2003 and the second 100 million won on December 31, 2003 to contribute the donations that were agreed to be contributed thereafter through the △ Foundation following a resolution of the △ Foundation’s board of directors.

2) For this reason, even though the Plaintiffs paid the remainder of the donations under the instant donation agreement from 2004 to 2009, the Plaintiffs did not contribute the donations under the agreement in 2004, which was the first year of the establishment of the △ Foundation. From 2005, following the resolution of the △ Foundation’s board of directors approval, the Plaintiffs additionally contributed the donations of KRW 9 billion on May 30, 2005 (approval of the board of directors on March 25, 2005), including the amount of KRW 5 billion (Approval of the board of directors on March 25, 2005), and the amount of KRW 4 billion on August 23, 2006 (Approval of the board of directors on March 25, 2006), and the remaining amount of the donations including the amount of KRW 19.5 billion, which was held on March 23, 2007.

3) On the other hand, the following are the major contents of the Plaintiff Jin-○’s remarks and the passage from the following to the resolution of approval of each item of donation at the meeting of the △ Foundation, which was resolved to approve each item of donation.

① The board of directors held on March 25, 2005 (2) held on this society as a director of ○○○ Foundation attended the above society, but only the other directors participated in the deliberation of the 5 billion won donation agenda for the two groups) presented the agenda as follows: “○○○○○, the president of the board of directors, is expected to contribute KRW 5 billion to the Fund for the Development of the 20th School, and it should be deliberated on and approved to the effect that it will contribute the 5 billion won to the Fund for the Development of the 20th School.” Then, in order to ensure that ○○○○○○ would have the payment of the price for the land as the donation of this case, the payment of the price for the land would be postponed, and ○○○○○○ would have to make it use the 2.3 billion won as the donation of the original ○○○○○ Foundation's promise to make it clear that it would have to be 00 billion won to make a contribution to the 200th National Assembly.”

② On March 25, 2006, the board of directors held at the meeting of ○○○○○○○○○ (hereinafter “○○○○○”) proposed an agenda to provide KRW 4 billion as the school development fund, and subsequently, ○○○○○ (hereinafter “○○○”) promised to use the donation of this case from ○○○○ (hereinafter “○○○”) as the price for the land for the campusus, and then made an contribution at the time when the price is written. Not only the Foundation’s operating expenses but also the donation is insufficient, and it seems that it is not necessary to keep the bank at the expense of KRW 4 billion. It should not be said that the donation of this case would have been paid as the price for the ○○○○○○○○○○○○○ (hereinafter “○○”). The Plaintiff’s 5 billion (hereinafter “Plaintiff’s ○”). The Plaintiff’s 500 billion (hereinafter “Plaintiff’s ○”). The Plaintiff’s 500 billion (hereinafter “Plaintiff’s 2”). The 500000 billion) seal was affixed.

③ On March 23, 2007, the board of directors presented the agenda to the effect that: (a) the Plaintiff Song-○ will approve and approve the plan to support KRW 4 billion with the Large Development Fund; and (b) the Plaintiff Jin-○ will deposit the agenda or find another law under the discussion with the school even if the bill of donation was approved, even if it was approved for the amount of KRW 4 billion in the implementation of the instant donation agreement; (c) however, the Plaintiff Song-○ will have been approved for the said KRW 4 billion with the intention of the Plaintiff Song-○○○, but thereafter, the said KRW 4 billion was not contributed to two.

F. After February 26, 2007, Plaintiff Jin○-○’s filing of an objection and requesting correction, and accepting the AAB counterpart.

1) Meanwhile, from February 26, 2007 to ○○○○○, Plaintiff Jindo had a vague forum that he may be exempted from the site price for scambus from February 26, 2007 to Kim○○○, without any specific ground, and the donation of this case shall not be used for any purpose other than the site price for scambusus. If the donation of this case was used for any purpose, it was verified that it was used for any purpose, and if used for any other purpose, it was taken measures to restore it to its original state and use it as the site price, and other measures to request a donator to answer a definite answer about the construction of the building for scambususususus.

2) Accordingly, Kim ○-○ sent the Plaintiff Jin-○’s answer to the above letter on March 5, 2007 and April 5, 2007, and April 23, 2007, to the Plaintiff Jin-○○. The key contents are as follows.

① The main contents of his letter on March 5, 2007

여러 가지로 박사님(원고 진○○을 지칭함)을 불편하게 하여 드린 것을 죄송스럽게 생각합니 다. 송 회장님과 박사님께서 쾌척하여 주신 거대한 발전기금은 어느 경우에도 기부하신 분들의 숭고한 뜻에 따라 사용되어야 함은 당연한 말씀입니다. 지난번에 말씀드렸듯이 2005년부터 시작되는 부지대금 의 지급기일이 2009년으로 연기되어 2009. 9.부터 부지대금의 일부를 정기적으로 지급할 예정으로 있습 니다. 내외분께서 주신 기금으로 캠퍼스를 구입하였다는 사실은 모든 사람들이 잘 알고 있습니다. 그러나 과 ◎◎으로 캠퍼스가 나뉘어져 있다 보면 시간이 지날수록 ①①캠퍼스 구성원들의 존경하 는 마음이 옅어 질 수도 있습니다. 따라서 ①①캠퍼스에서 가장 상징적인 건물로 건축될 체육관을 미미 체육관으로 명명하여 후세에도 어른의 큰 뜻을 받들 수 있도록 했습니다. ◎◎캠퍼스에 의학전문대학원 건물이 완성되면 □□의학관으로 명명하고자 합니다. 또한 ◎◎캠퍼스는 실제로 □□ 선생님 내외분의 노력에 의하여 만들어진 것임을 알리기 위하여 동상을 건립하고 그대로를 설치하는 등의 상징화를 통 하여 숭고한 정신을 후대에 알릴 것입니다. 박사님께서 말씀하신 ◎◎캠퍼스 부지에 □□재단 건물을 신축하는 것은 박사님께서 원하시는 부지에 건설하시고 원하시는 기간(영구가능) 동안 쓰실 수 있도록 모든 행정적인 조치를 취할 것입니다.

(2) Main contents of Mazin on April 5, 2007

I would like to faithfully and faithfully promote the time to use donations as the site price to the purport of v. S. He will use the development fund for the development of the school. I think that only the author would use the development fund properly for the development of the school, and in accordance with the low school operation method, I would like to cause the N.I. At present, there is a lot of music and black propaganda too much for the remaining two months for the president election period. If this day is known within the school, it will be a good election issue as the other party, and it will be expected that the author will attack by creating a mash that using it, and thereby, the possibility of winning it will be too little or less. Two minutes will be left, and if it is very difficult to give an opportunity to end one time, it would be difficult to reduce the price for the construction work so far as it would be difficult to do so.

3. Main contents of the letter dated April 23, 2007

It is anticipated that the new 7.5 billion won will be created by the end of September at the latest, due to the lack of expression, and therefore, it will take measures to secure 19.5 billion won by the end of September and manage it in a separate account by securing the development fund currently in consultation. In addition, this fund will be used as a site price for knive campus in accordance with the regular procedures. Next, I would like to deliver the intention of the president to the president and the doctor directly at the meeting of the Council of the Foundation of the Development Fund, and in particular, I would like to emphasize that the Fund will prepare a new letter of agreement with the purpose fund to use it as the site price for the campusus.I would like to make every effort to use it only for the original purpose. I would like to end this work with the best end, and make it difficult for the president to implement the agreement with the doctor or doctor for the last day of September.

3) Meanwhile, in the respect of the honorable treatment of the plaintiffs who are a large donor, the majority of the plaintiffs agreed to accept the above demands of Jin-○, as seen above, and accordingly, on March 20, 2007, Kim ○ shall prepare a donation agreement (No. 2-5, the date of preparation shall be Oct. 8, 2003, the initial donation agreement date) in which the purpose of the donation was stated as "the Land Purchase Fund for Dribus" (the first donation agreement) and deliver it to the plaintiffs. ② The Development Fund Foundation managing the donation of this case shall hold a board of directors on May 18, 2007, confirming that the plaintiff's donation was the land for Manbusus and confirmed that it was not appropriate for the plaintiff's donation of this case to use it as a road for other use, and the president made efforts to appropriate the donation to meet the purpose of the donation from September 30, 2007 to the end of the last day of 200.

4) In addition, on September 21, 2007, 2007, ○○○○ was drafted with the president on June 12, 2007, 203: (1) on September 21, 2007, to implement the above resolution of the board of directors; (2) on September 21, 200, the third sales contract was concluded with the Corporation to alter the contents of the second sales contract and pay the site price in installments from 207 to 209; (3), on October 1, 2007, an intermediate payment of KRW 3,425,094,00 won was appropriated for the development fund; and (4) on June 2, 2007, 205, the total amount of KRW 209,700,000,000 won was paid for KRW 974,700,000,000 from the land for which the approval for use was already granted to the Corporation’s 2005 billion.7.4 billion.

[Ground for Recognition] Unsatisfy Facts: Gap evidence 1, Gap evidence 2-2, 5, 6, Gap evidence 3-1, 2, 4-1 through 10, Gap evidence 6-1, 2, 3, Gap evidence 9, Gap evidence 11-1, 2, 3, Gap evidence 15-2, 16, 20, 34, Gap evidence 38-1 through 30, Gap evidence 40-1, 41-1 through 4, Gap evidence 1-2, Eul evidence 1-1-2, Eul evidence 2-1-1-2, Eul evidence 1-1-2, Eul evidence 42-1-9, Eul evidence 2-1-1-2, Eul evidence 4-1-1-1-7, Eul evidence 5-1-1-7, Eul evidence 1-1-1-2, evidence 7-1-2, Eul evidence 1-1-7, evidence 7-1-1-1-2, evidence 7

A. Although the Plaintiffs agreed to use the donation at the time of the donation agreement of this case as only the specific or limited use of the “clockus site price”, the Plaintiffs’ basic premise is that, without fulfilling their obligations under the above agreement, the donation was used or misappropriated for any purpose other than “clockus site price”. Based on this premise, the Plaintiffs seek confirmation that the remainder of 11 billion won based on the donation agreement of this case does not exist any longer through the assertion of the causes of each claim, such as the above 4.

B. As to this, the defendant asserts that the above basic premise facts per se do not exist or are based on the erroneous perceptions or distortions of facts. Thus, the plaintiffs' claim of this case is without merit.

C. Therefore, in this case, first of all, the determination of the above-mentioned premise facts related to the purpose of the use of the donation of this case is the most essential and almost the only issue in fact, which is the plaintiffs' determination of the legitimacy of each of the claims of this case, and first, the parties' arguments on this part and the decision of this court is stated in paragraph 3. 3., and on the premise of the above part, the plaintiffs' arguments on this part are examined in order as to the claims of this case.

3. The parties' assertion and determination as to the use of the donation of this case

A. The parties’ assertion

1) The plaintiffs' assertion

Despite the fact that the plaintiff's request for donation for the purpose of preparing the land price for scambling, the plaintiff had been an opportunity to make the donation of this case. During that process, the plaintiff was able to deliver a specific donation agreement (No. 10-1) to the plaintiffs with "the remainder of the price for the land for scambling," and the plaintiffs signed the agreement on donation of this case as "the 2th campus Construction and Research Support Fund" stated in the "the purpose of the donation of this case" and signed the agreement on donation of this case from Kim ○, which was stated as "the first place to write down the agreement on donation of this case" and "the first place to write the land price for scambusususscambus", the plaintiff's second place to write the agreement on donation of this case to 300 scambus's land price for the use of the land for scambusus's use of the donation of this case, the plaintiff's land price for 50 s scambus.

2) The defendant's assertion

As to this, the defendant ordered that all of the above circumstances of the plaintiffs' assertion were designated as 'the first to 'camper construction and research site fund' as stipulated in the donation agreement of this case, in light of the progress up to the donation agreement of this case, or the contents of the donation agreement of this case, which is the disposal document, and other circumstances, it is obvious that the plaintiffs' assertion was without any grounds or is based on misunderstanding or distortion of wrong facts. Thus, the above argument of the plaintiffs is without merit.

B. Determination

1) The judgment of this court on the issue

In full view of the facts found above and the contents of the plaintiffs' detailed arguments related to the above issues as seen in Section 2, the above issues can be determined as follows in conclusion.

A) At the time of March 2003, 2003, Park Jong-○, which was the second president, requested the Plaintiff Song-○, to make a contribution equivalent to the “scambus site price” to the Plaintiff, and the fact that the Plaintiffs continued to be elected by the new president on the extension line around August 2003 of Kim Jong-○, who was elected by the president of the new president on the extension line, was the direct opportunity for the Plaintiffs to decide the donation of this case, and that the total amount of donation was caused to be determined as KRW 30.5 billion, which is the balance of the land for kbusususususususus.

However, in the process of this case, the plaintiffs received an explanation about the actual situation at the price of Kim○○ and future development direction, and accepted it, and finally decided to pay KRW 30.5 billion for the development of the OE, and the result of this decision, the plaintiffs came to prepare the agreement of this case according to the contents finally agreed upon at the end of the 19.5 billion won of the total amount of the donation of this case by the 30.5 billion won of the total donation of this case, and it seems that the use of the donation of this case was already designated as 's campaign propagation construction and research support fund according to the intention clearly agreed with the plaintiffs at the time of the donation agreement of this case. The plaintiffs continued to use the donation of this case by August 23, 2006 of the total agreement of this case by the 30.5 billion won of the donation of this case, which was made by the plaintiffs as the legitimate use of the donation of this case.

B) Such determination is based on the determination that: (a) since around 2002, Plaintiff Song-○ was a person with a view to social exchange of corporate profits through training of talented human resources; and (b) as part of the management of the business and property in Seoul, the development of underdeveloped ON area and the training of human resources through universities (the Plaintiff’s assertion in the complaint in this case); (c) the final determination of the donation in this case to Da 2 was made; and (d) the details of the language regarding the use of the donation in this case’s letter of intent to contribute to the donation in this case; (d) the contents of the press report related to the donation in this case; (e) the details of the press report in this case; (e) the attitude between the Plaintiffs and the Plaintiff on the donation in this case; and (e) the developments leading up to the Plaintiff’s contribution in this case’s KRW 19.5 billion, the Plaintiff’s assertion that the donation in this case should not be made within 00 billion in 2006,000.

On the other hand, with regard to the degree of authenticity or solid growth of the donation itself and its donation intent, actual contribution as implementation, compensation for it, and degree of honorable treatment, it seems that there was a difference between the plaintiffs and two parties, as well as between the plaintiffs, who are joint contributors. At least 20 households prior to the filing of the lawsuit in this case, there was no objection or question about the use of the donation, which has emerged as the main issue in this case, with regard to the 20 households prior to the filing of the lawsuit in this case, and it seems that ○○ has maintained a firm position that it would contribute the donation to the board of directors at the time of 'large Camps Construction and Research Support Fund' in accordance with the donation agreement in this case. On the other hand, it appears that ○○○○ continued to have been engaged in the first 1 billion won contribution in 14 October 14, 2003 and 200 billion won, or that ○○○ was established in 2004 billion won after the 200 billion Won.

Nevertheless, it is difficult for the Plaintiff Song-O’s firm donation intent to suppress the opposing opinion of the Plaintiff JinO, thereby making an additional contribution of KRW 9 billion on May 30, 2005, including KRW 5 billion on August 23, 2006, and KRW 4 billion on August 23, 2006. As to KRW 4 billion on 2007, it appears that the Foundation made a decision to approve the donation in accordance with the Plaintiff Song-O’s intent. However, in light of not only the source fund provider of the total amount of the installment but also the details of the donation, the active position of the Plaintiff Song-OO’s above firm donation or the purpose of the donation in this case, which can be regarded as a substantial party, should be respected more closely in determining the purpose of the donation in this case or the purpose of the donation in this case).

C) In addition, with respect to the 5 donation agreement on the evidence No. 2, which the plaintiffs presented as one of the important grounds for the fact that the use of the donation of this case was recognized as the site price for scamcamususususususususususus, the plaintiff Jin-○ again raised an objection to the purport that the use of the donation of this case was specific or limited to "the use of the land for scamusususususususususususususususususussusus" for about 3 months after the date of the donation agreement of this case and about 3 years and 4 months after the date of February 26, 2007. The plaintiff Jin-○ again raised an objection to the purport that the use of the donation of this case was 'the land price for scamusususususususussussussussuss' and 20 months after the 0th president of June 20, 2007.

On May 18, 2007, by the resolution of the board of directors of the Development Fund Foundation, it prepared a more specific and practical way to accept Plaintiff Jinjin’s request. On September 21, 2007, it concluded a third sale contract with the Corporation’s amendment of the terms and conditions of the second sale contract to pay the site price in installments from 2007 to 2009, and it is difficult to conclude that the said third sale contract was made for the following reasons: (i) the Corporation’s establishment of the second sale contract with the Corporation, as seen earlier, made the third sale contract to use the land price in installments; (ii) the development fund created and its exclusive budget were appropriated as the development fund; and (iii) the Plaintiff’s establishment of the first sale contract with the Corporation’s establishment of the first sale contract with the Defendant’s establishment of the first sale contract with the first sale contract with the Defendant’s establishment of the first sale contract with the Defendant’s new use of the land or the first sale contract with the Defendant’s establishment of the first sale contract with the Defendant 20.

D) Ultimately, as indicated in the instant donation agreement (Evidence 2-2), the purpose of the use of the instant donation is clearly determined to have been designated as the “Large Camp Construction and Research Support Fund according to the intention clearly agreed between the original and the two parts from the time of the instant donation agreement,” which can be deemed as a disposal document for the said donation. As seen in the foregoing, as seen in the foregoing, the documents that seem contrary to the evidence No. 10-1, No. 2, and the honorable treatment agreement and the honorable treatment agreement as to the donation No. 10-1, No. 2, and No. 3-2, are all not admissible as evidence for lack of evidence to acknowledge the authenticity, and there is no other obvious evidence to reverse the probative value of evidence No. 2-2 in relation to the use of the instant donation, and to acknowledge the said assertion as to the issues of this part of the Plaintiffs.

2) Determination as to the plaintiffs' detailed assertion regarding the use of the instant donation

A) As to the assertion of this case’s donation agreement premised on the replacement of the donation agreement, which later corrected the use of the donation into “the price for scambus scambus site”

(1) Summary of the plaintiffs' assertion

In relation to the donation agreement of this case, on October 8, 2003, the original Kim○ issued to the plaintiffs a letter of donation and a written honorable treatment (No. 10-1, No. 2, the defendant asserted that the above documents were first viewed in the lawsuit of this case) stating that the purpose of the donation was 'the price for the land for knicker'.

However, on October 13, 2003, ○○ Kim has been re-established because of the lack of representative as to the above donation agreement, etc., and the purpose of the donation is 'OX Camp Construction and Research Support Fund', 'the date of preparation is ''0.0.00,000 won', 'the first 10 billion won contribution date can be seen as the same document as Eul evidence 1 and Eul evidence 2-2', 'the first 10 billion contribution date', 'the first 10 billion contribution date', 'the first 10.00,000 won, 'the first 1.0.00,000 won', 'the first 1.0.00,000 won', and 'the first 14.00,000 won contribution date', respectively, 'the second 2.00,000 won', and 'the second 14.00,000 won.

At the time, the plaintiffs demanded that the use of donations was written differently from the initial ones. However, Kim○○, first of all, signed by Kim○○, and made correction at any time after the beginning of the week, thereby relianceing on this, signing each person’s signature and private person, and then filling the column of each of the above dates as requested by Kim○○, the plaintiff Song○, who was a public figure by the plaintiff Song○○, was a supplementary accident.

Therefore, the intention, which was genuinely combined with the plaintiff for the purpose of the donation of this case, is the "the price for the land for dump cambus" as stated in the evidence No. 10-1 and No. 2 of the above Gap.

(2) Determination

However, according to the appraisal results of Gap evidence Nos. 10-1 and 2, which are produced and printed in around 2003, the first instance court's signature and seal is similar to the time of printing the geological features and printed printed materials in the trial. However, the first instance court's witness Kim 00, the first instance court's witness Kim 00, the last instance court's witness Kim 00, the first instance court's witness Kim 00, and the first instance court's testimony and the whole purport of the testimony and arguments of the first instance court witness Kim ○, the first instance court's witness Kim ○, the first instance court's witness Kim ○, and the first instance court witness Kim ○, the first instance court's witness Kim ○, and the first instance court witness ○○○'s witness's testimony and the whole arguments, and there is no other evidence to acknowledge their authenticity, and therefore, documents cannot be used as evidence regardless of the aforementioned appraisal results).

In addition, in light of the background and status of the Plaintiffs and representative relations, and the status and position at the time Kim ○○-2 at the time, and the actual process and circumstances of the Plaintiffs’ contribution, etc. thereafter, it is difficult to accept the demand for signing an agreement on donation in accordance with the empirical rule, in a situation where the large side is in front of the will of a large amount of contribution of ideas, in line with the great purport that it is difficult for the Plaintiffs to develop the OO representative representing the OO area and that it would foster human resources through such development, etc., and it is difficult to accept the demand for signing an agreement on donation in advance, such as the Plaintiffs’ assertion, when it is against the donor’s will or against the donor’s consent, or preparing and signing an agreement on donation different from the details agreed with the donor. Furthermore, if it is necessary for Kim ○-○ to process an urgent work, and thus, it is necessary for the Plaintiffs to first sign the agreement on donation in the last time to make the agreement on donation.

또한, 원고들의 주장처럼 기부금의 사용용도를 '©○캠퍼스 부지대금'으로 바로잡은 기부약정서로의 교체를 전제로 이 사건 기부약정서에 서명, 사인한 것이 사 실이라면 , 앞서 본 바와 같은 당시의 상황이나 사정들에 비추어, OO대측이 그 무렵 곧바로 원고들에게 그러한 내용으로 기부금의 사용용도를 수정하여 만든 기부약정서를 작성 · 교부하지 않을 수도 없었다고 보일 뿐만 아니라 또 굳이 그렇게 해 주지 아니할 만한 이유도 없었던 것으로 보이는 반면, 원고들로서는 그 주장과 같은 기부약정서의 교체 없이 2003. 10 . 14. 최초 100억 원을 출연한 이래 2006. 8. 23.까지 이 사건 기부 금 합계 195억 원을 계속 출연하였을 리도 없는 것으로 보인다.

Furthermore, the above argument by the plaintiffs was held in relation to the contribution of the donation under the donation agreement of this case since 2005, 1. E. 3) as seen in the above 2005, and as of March 25, 2006, and on March 23, 2007, the board of directors of the Doldong Foundation held on March 25, 2006, and the contents and purport of the statement. In light of the contents and purport of the statement, the above testimony and purport of the testimony of the above witness Kim ○, Jong-○ and Jong-○'s testimony and the purport of the whole arguments, the judgment of the plaintiffs' donation of this case was limited to the request for the donation of the "Yeo-○'s Yoo, the former president, Park Jong-ok's site for the donation of this case, but it was sufficiently recognized that the research agreement of this case was made between the plaintiffs and the two parties to this case's agreement for the use of the donation of this case, including the donation in the specific negotiation process between the new president elected Kim ○.

Therefore, this part of the part of the plaintiff can not be seen as one mother.

B) With regard to the assertion that the Plaintiffs continued to use the donations after the donation agreement of this case, Kim ○○ or ARsta recognized that the donations of this case were 'the price for the land for scambus'.

(1) Among those cited as evidence to support the premise of this part of the plaintiffs' assertion, with regard to the letter (Evidence No. 21) emphasizing "the donations of this case should be used as the site price for scam scam scam scam scam scam scam scam scam scam scam scam scam spam spams, while Kim scam scam scam spamspam spam spam spam spam spam spam spam spamspam spam spamspam spam spam spam spam spam spam spam spam spam spam spam spam spam spam spam spam spam spam.

In addition, even though the plaintiff JinO's board of directors did not officially deliver the issue related to the use of the donation of this case to the second side, it is deemed that the issue itself has any meaning in the fact of the proposal itself, as seen earlier, even though the plaintiff JinO raised a repeated issue in the course of the discussion of each of the above board of directors regarding the use of the donation of this case, the defect of the donation under the original donation agreement of this case by the plaintiff JinOO was ultimately not accepted in the inside of the plaintiffs, who are co-divors, and eventually, it cannot be said that the plaintiffs had a problem about the use of the donation of this case and its use in the opposite side.

(2) Meanwhile, from February 26, 2007 to February 26, 2007, Plaintiff Jin-○ had raised an objection to the purpose of the donation of this case and demanded correction thereof from February 26, 2007, and accordingly, the two parties have newly prepared an agreement on donation (No. 2-5) stating the purpose of the donation as “the Land Purchase Fund for Bacususususususususususususususususususususususususussusussussussussussussussussussussussussussussussussussussussussussussussussussussussussussussussusssusssussussussusssussussssusssusssusssusssusssusssusssusssussussus

However, this problem has emerged as a debate distance in the second president election of June 12, 2007 where the first agreed donation 30.5 billion won of non-performance donation 11. billion won of the first agreed donation 30.5 billion won in the future in terms of the honorable treatment of the plaintiffs who are donors in the position to be additionally contributed in the future. In addition, this problem has emerged as a debate distance in the second president election of June 2, 2007 where approximately three months had passed.

In the end, it is difficult to support the fact that the purpose of the donation of this case, which is described as the “Scams Construction and Research Support Fund”, is the most respected and expropriated to the extent that it is irrelevant to the facts of the Plaintiff Jin-○’s objection and other demands for correction, and that the purpose of the donation of this case, which is described as the “Scams Construction and Research Support Fund”, actually recognized that the purpose of the donation of this case is “scamscams cambus money.”

(3) In addition, the plaintiffs, who were driven on November 23, 2004, donated 30.5 billion won, the maximum amount of the individual contribution thought in Korea, to the government, and purchased scambling site to the government. From 2004, the plaintiffs asserts that "the 30.5 billion won was donated to the government," among the books (Evidence No. 12-1) produced by the Foundation of the Development Fund, "the scambal degree inside and outside of the government, was scambling the foundation for the construction of the scambus cambus scambus scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam scam 2.

Therefore, in light of the following facts and circumstances, the judgment under the above 3-B(1) of the plaintiffs' assertion was followed only based on the above circumstances, and the use of the donations of this case was limited to 'b.1' of knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif k

In other words, first of all, the expression in the Plaintiff SongOO ○'s Nos. 4 (Evidence A) is the original expression.

Although there was no draft prepared by the opposite party, it was required that the plaintiff Jin-○ included the above draft in the ombudsman, and it is recognized that he accepted it from an honorable point of view because he did not have a position to refuse a large amount of request as a beneficiary of donation.

Next, in the process of preparing the relevant articles based on the content of No. 4 in the production process as a guide for public relations, the books No. 12-1 of the evidence No. 12, as pointed out by the plaintiffs, are produced by providing services to an external business entity outside the consideration.

In addition, the expression “A” No. 12-2 of the No. 12-2 refers to the expression “as a result of this decision, our university has a great power to build the No. 1, 2, and 3-camper” in its contents.

Finally, the expression of No. 6-1 of the evidence No. 6 is a part of the contents that the plaintiff JinO had been lawfully used in an urgent facility for university operation in accordance with the purpose of donation, but if the meaning of the donor is the same, it seems that the purpose of the donation is that the entire amount of the donation should be paid to the plaintiff JinOO, regardless of the fact, because the original purpose of the use of the donation of this case was 's land price for knitusus'. Thus, the plaintiff JinOO's objection about the use of the donation of this case's donation of this case. Thus, according to ombudsman's request that the full amount of the donation should be paid to the knitusus's site price for knitususus.

C) The total amount of donations is set at 30.5 billion won, which is equivalent to the knives knicker’s site balance; and

In addition, the plaintiffs asserted that the total amount of the donations of this case was set at 30.5 billion won, which is the amount equivalent to knife campus site balance, and that the purpose of use of the donations of this case was 'b.1' from the beginning to 'b.1' site price. However, as seen in the above 30.5 billion won which the plaintiffs planned at the time when the first donation of this case occurred, it is reasonable to view that the donation of this case was naturally set at 's campus Construction and Research Support Fund' as the donation amount, and it is difficult to accept this part of the plaintiffs' assertion that the total amount of the donations of this case was set at 'b.1' price from the original purpose of use to 'b.1'.

C. Sub-committee

Therefore, this part of the plaintiffs' assertion on different premise is without merit, and as long as it is determined as above on this part of this issue, most of the plaintiffs' arguments on the ground of the 4.4. The plaintiffs' assertion on each of the grounds of the office of this case is without merit, which is the fact-finding itself, which is the premise, and we will live in the order below.

4. Determination on each of the plaintiffs' specific grounds for claims

A. As to the basic position to view the instant case

1) The plaintiffs, as a matter of "public donation" for the purpose of social and public contribution, are different in nature from "general donation by private motive such as personal friendship or blood-related relationship. Therefore, in resolving disputes related to public donation such as the case of this case, the court does not apply the regulations of our Civil Act that consider general donation, but rather, actively suggest the above provisions of the Civil Act, as well as active legal principles to respect donors' will with the highest priority, to support the encouragement and activation of public donation and the settlement of sound donation culture, and to prevent similar disputes. In particular, the agreement of this case constitutes a continuous donation agreement to be made by dividing the total amount of donations agreed upon by donors over several years, and thus, it is highly necessary to protect donors by respecting their will to respect the donation by light of the fact that the recipient of the donation violated the purpose of the donation without completion of the agreement.

2) In resolving the public interest and continuous contribution of this case as asserted and presented by the plaintiffs, the court is entirely unconstitutional with respect to the attitude and direction itself that the court should withdraw in resolving disputes related thereto. On such basis, the plaintiff's assertion on each of the claims of this case was examined in detail in the above 3. As seen in the above 3., the court's determination on the purpose of this case's donation or the purpose of its use, etc. was examined. Accordingly, the plaintiffs' assertion on each of the above claims cannot be accepted.

B. As to the assertion of cancellation of onerous donation

1) Summary of the plaintiffs' assertion

The purpose of the donation of this case was to be determined from the beginning to dump campus site price, but the two sides used the donation for other purpose than 'culpususus site price'. The purpose or purpose of the use of the donation of this case agreed between the plaintiffs and the OO team is to comply with the provision of the donation of this case, and the agreement of this case constitutes an onerous donation under Article 561 of the Civil Code. If the OOX team unfairly diverts the donation of 19.5 billion won for other purpose, the obligation to perform the donation of this case was already impossible. Thus, the contract of this case was cancelled because the copy of the complaint of this case containing the plaintiff's expression of cancellation of onerous donation was delivered to the defendant, and therefore the plaintiffs are not obligated to contribute the remainder of the donation of this case under the donation agreement of this case.

2) Determination

However, as determined in the above 3-B. 1, as seen in the above 3-B.1, the plaintiffs' assertion that the purpose of the donation of this case was specified or limited as 'Manbusus site price', and rather, it is clear that the purpose of the donation of this case was designated as 'EX Camp Construction and Research Support Fund' from the beginning to the end of the agreement with the plaintiffs clearly, and as long as it is recognized that the large part of the donation of this case contributed from the plaintiffs was managed and used in accordance with lawful procedures in accordance with the designated purpose, this part of the plaintiffs' assertion is not established as a factual basis, which is the premise, and there is no reason to further examine it.

C. As to the assertion of cancellation by the donee's criminal act

The reasoning of this Court’s argument is as follows: (a) 2.-B. the pertinent part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part of the judgment (from 7.7, 11 to 10.14, the judgment of the court of first instance); and (b) cite it as it is in accordance with the main text of Article 420 of the Civil Procedure Act (in light of the Plaintiff’s changes in the grounds of claim in the process of pleadings in the first instance trial and the party instance trial, there is no room to regard it as the withdrawal of this part of the claim; (b) however, it is obvious that the Plaintiffs maintained the contents alleged in the previous complaint, the preparatory brief, etc. through the preparatory brief of March 28, 2011, and therefore, the above argument shall also be reversed).

D. As to the principal of the fulfillment of the condition of the return of unjust enrichment or the rescission of conditional gift upon the fulfillment of the purpose or the return of unjust enrichment

1) Summary of the plaintiffs' assertion

In relation to the initial purpose of the donation of this case, as long as the purpose of the donation is not achieved because the use of the donation was not achieved as originally agreed upon as stated in the plaintiffs' states, such as the majority theory and precedents of Germany, it is necessary to approve the so-called "right to claim the return of unjust enrichment on the basis of the achievement of the purpose," and even if the "right to claim the return of unjust enrichment on the basis of the achievement of the purpose" is not recognized in this case, the donation agreement of this case at least includes an agreement on the implied rescission of the objective delivery. As long as the payment of this case was unreasonably diverted for other purposes, the agreement of this case automatically lost its effect in accordance with Article 147 (2) of the Civil Act as the fulfillment of the terms of rescission.

2) Determination

However, as determined in the above 3-B.1 B., it is clear that the purpose of the donation of this case was designated as 'Large Camps Construction and Research Support Fund' in accordance with the intention clearly agreed with the plaintiffs from the beginning to the end of the original use of the donation of this case, and as long as it is recognized that the large side has managed and used the donation of this case, which was contributed to the plaintiffs as the plaintiffs, in accordance with legitimate procedures in accordance with the designated usage, each of the plaintiffs' arguments in this part is without merit as it does not establish the factual awareness itself, which constitutes the premise, and it is no longer necessary to further examine it.

E. As to the assertion of cancellation due to nonperformance of modified terms and conditions

1) Summary of the plaintiffs' assertion

Even if the donation agreement of this case cannot be deemed as a conditional donation, the plaintiffs raised several objections to the opposite side on the actual usage of the donation of this case. Accordingly, on April 23, 2007, 2007, the second president Kim Jong-○ agreed to secure and manage the amount of 19.5 billion won donated among the plaintiffs as of September 23, 2007, and the agreement to revise the contents of the donation agreement of this case and to impose a new obligation on the opposite side. However, as agreed, the opposite side failed to secure a new obligation to the opposite side by the end of September 2007, and even notwithstanding the plaintiffs' notice of performance, the agreement of this case was rescinded by the delivery of a duplicate of the brief of July 1, 2009 (the reason for appeal).

2) Determination

A) As seen in the following, it is reasonable to view that, after February 26, 2007, ○○○○○’s repeated objection relating to the purpose of the donation of this case was raised and demanded for correction, Kim○○ made on three occasions, including the letter dated April 23, 2007, which contains the same purport as the plaintiffs alleged, and the letter dated March 5, 2007 and the letter dated April 5, 2007, and its main contents were 1. f.1) and 2) as stated in the above, it is reasonable to view that Kim○○○○’s new obligation to purchase the land of this case to secure the plaintiff’s 90 billion won, which is a mere mere 3.0 billion won for the purpose of the donation of this case, and that, in light of the overall content and form, it is reasonable to view that ○○○○’s new obligation to purchase the land of this case to secure the plaintiff’s 100 billion won for the purpose of the donation of this case to the president.

B) In addition, since February 26, 2002, the 20th side of the 20th side newly prepared an agreement on the donation made on March 20, 2007 with "Woooo", as required by the Plaintiff Jinjin-○, on the maximum respect for the filing of objections and the request for correction related to the use of the donation of this case, and newly prepared an agreement on the donation made on March 20, 2007 with "Woo Sck Scus Land Purchase Fund", and later, by the resolution of the Development Fund Foundation's Board's Board of Directors held on May 18, 2007, it is difficult to accept the plan to accept the requirements of the Plaintiff Jin○ as much specific and practical as possible, and accordingly, it is difficult to accept the Plaintiffs' new agreement on the donation of 19.28,109,09,09,000 won from the point of performing the agreement made on August 11, 2008.

C) Therefore, this part of the Plaintiffs’ assertion on different premise is difficult to accept.

F. As to the assertion of rescission based on the principle of good faith and equity

1) Summary of the plaintiffs' assertion

A) Although the Plaintiffs agreed to donate a large amount of KRW 30.5 billion, which is not an example, to trust the appearance of a 'national university faculty member', and actually agreed to donate the amount of KRW 19.5 billion among them, the OO representative, who received the donation, unfairly diverts the donation for other purposes without respecting the Plaintiffs' intent to make the donation at all, and the Plaintiffs were able to reveal the truth, and the lawsuit was brought up to the instant lawsuit. Accordingly, the OO representatives, including the president of Kim○, and some professors, including the OOO branch related to the OO branch, such as the president of Kim Il-○, suffered the emotional distress in which they could not be able to understand the Plaintiffs.

B) As such, it is not possible for a donor to make a compulsory contribution of the remainder of 11 billion won in light of the principle of good faith and the principle of equity to grant a minimum choice to a donor so that the donor may no longer have binding force of the donation agreement to the donor in light of the good faith and the principle of equity. As such, granting a minimum choice to the donor so that the donor may no longer have binding force of the donation agreement is consistent with the ordinary social norms of the general public with sound common sense.

C) In addition, since the conclusion of the sales contract for the knives campus site, it is concluded with the plaintiffs after the conclusion of the agreement with the plaintiffs, and since the agreement with the plaintiffs was concluded, the sales contract for the knives campus site was not concluded after the conclusion of the agreement with the plaintiffs, the agreement with the plaintiffs was not concluded, and therefore, even if the agreement of this case was terminated or terminated, it does not result in any loss. Thus, in this point, the cancellation or termination based on the principle of good faith and the principle of equity (hereinafter referred to as "cancellation") should be recognized

2) Determination

A) More than anything else, this part of the plaintiffs' assertion on the premise that the large side used the donations for other purposes without existence of the plaintiffs' intent of donation is not established first, and according to the overall purport of evidence and arguments in the first instance court and the trial of the party, as well as prior to the transfer of the lawsuit in this case, as a person who audited the plaintiffs who are large donors in the first instance court as well as during the hearing of the first instance court, it seems that the plaintiff was given the minimum response within the scope to clarify the facts by relevant evidence in relation to various arguments of the plaintiffs.

B) Therefore, even if the original trust relationship between the Plaintiffs, who are donors, as a result of the implementation of the instant donation agreement and the next implementation thereof, and the situation where it is impossible to form and maintain a continuous friendship relationship between the parties, which were intended to be achieved by the original organ, it seems that the Plaintiffs, one of the co-divors, have taken a dynamic position on the additional contribution of the instant donation from around 2004, which had been under the influence of ○○ Foundation established, such as flexible or reduction thereof, conditional contribution, etc. (this position of ○○ is against the content of the instant donation agreement based on the intention that is consistent with the Plaintiffs, and that the Plaintiffs would be against the Plaintiffs’ will to be the actual donor, and that the Plaintiffs would be more likely to have agreed to accept the instant donation within the scope of 2.7 billion won, regardless of the fact that the Plaintiffs would have been able to have agreed upon the terms of the instant donation agreement, and that it would have been against the Plaintiffs’ will at least 3.5 billion won of the instant donation agreement.

C) On the contrary, recognizing the right of rescission based on the principle of good faith and equity as alleged by the plaintiffs, is nothing more than that that the donator may no longer perform the obligation under the donation agreement if the donator is changed for any reason, and even considering the characteristics of the instant donation, which is continuous donation for public interest purposes, as claimed by the plaintiffs, there cannot be any error of law, which is to impose legal responsibilities on the two parties to whom the donation was made in relation to the current situation of a breach of trust between the plaintiffs and the opposite parties. In addition, the two parties to whom the donation was made, as a national university, are to make a donation to the "○○○ (the defendant in this case)" legally, and in light of this, it is difficult to accept the plaintiffs' assertion in light of the general public's sound social norms, even if considering the characteristics of the instant donation, such as continuous donation for public interest purposes as claimed by the plaintiffs.

D) In addition, the plaintiffs' assertion that the contract of this case was not subject to the payment agreed upon if the contract of this case was terminated, and that it is clear that the damage was caused by the contract itself, and that the O's damage was not caused particularly by the damage. In addition, according to the evidence and the whole purport of each of the above quoted evidences and arguments, it is hard to say that the large-scale donor was caused by the suit of this case as to the purpose of the donation and the use of the donation, and that the large-scale donor was caused by the defect in the reputation of this case, and that the damage was caused by the aggravation of the formation of university development fund.

E) Accordingly, this part of the plaintiffs' assertion is without merit.

(g) argument on cancellation based on the principle of change in circumstances;

1) Summary of the plaintiffs' assertion

A) The Plaintiffs, from Park○, the two former president, “the donation will be used as a gold in the site of knivesusus, and the Plaintiffs will leave an honorable name, such as having a name and a name and a name and a name and a name and a name and a name and designation in the university that will be formed in the kniveusususususususususus and the forum (see evidence B No. 18).” After having discussed the same purport from the current president Kim○, the Plaintiffs, the president of the two former president, and then agreed to donate a large amount of 30.5 billion won.

B) However, unlike the plaintiffs' estimate, Kim ○ has used most of the donations of 19.5 billion won contributed by the plaintiffs for any purpose other than the price of knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives kives knives

Ultimately, the Plaintiffs could not at all have predicted that they used the donations of this case for a mere purpose other than 's knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives knives k

2) Determination

A) The plaintiffs' assertion in this part was made. This part of the plaintiffs' assertion is not essentially different from the assertion of cancellation based on the principle of good faith and equity as seen earlier. It was established in Dong, stating the intention of granting the doctor's degree of honorary management to the original high-ranking high-ranking ○○, and the purport of making the donation of this case to the plaintiff Song ○○ in front of the building of the university headquarters. The general sports center, which was partially invested in the donation of this case, is named as the "Seong ○○○" in accordance with the head of the plaintiff Song ○○, and the general sports center, which was constructed by partially investing the donation of this case, is named as the "Seong ○○○," and when treating the original high-level OO hospital, has already been faithfully performed or is performing the honorable treatment in accordance with the donation of this case. On the other hand, by utilizing the donations of this case by the plaintiffs, it was recognized that the national university located in the Republic of Korea, which has completed the project for improvement and development of the education infrastructure.

Therefore, it can be deemed that the initial goal or meaning that the plaintiffs and the opposite party intended to achieve through the donation of this case has been sufficiently achieved above their expectations. Accordingly, the circumstances where the plaintiffs and the plaintiffs had to remain as a donor who intended to remain through the donation of this case have already been established to remain a better length than the honorary name.

B) In addition, in light of the circumstances as seen in the above 4. F.2-2, it is difficult to determine the fact that there was an objective change in circumstances that could not have been predicted at the time of the instant secondary agreement, and the result of the present failure of trust as claimed by the Plaintiffs is mainly derived from the grounds attributable to the Plaintiff Jin-○, and it is merely a mere subjective circumstance that the Plaintiffs themselves have in mind and self-confidented, and it is not determined that recognizing the binding force of the instant secondary agreement to the Plaintiffs as the instant secondary agreement would be significantly contrary to the good faith.

C) Therefore, we cannot accept this part of the plaintiffs' assertion.

5. Conclusion

Therefore, the plaintiffs' claims of this case are dismissed in its entirety due to the lack of reasons, and the judgment of the court of first instance is justified with this conclusion, and all appeals of the plaintiffs are dismissed. It is so decided as per Disposition.

Judges

(Presiding Judge)

Park Do-young

Lives and worship

Note tin

1) Such an active position as to the Plaintiff’s firm donation intention or the instant donation, etc.

In other words, the use of the donation, the main issue of which is the Plaintiff Song-○, in this case (the Plaintiff’s assertion).

In relation to the 'clockus site price' or 'clocks construction and research support fund' of the defendant's assertion;

The purpose of use is “AA according to the intent agreed with the Plaintiffs at the time of the instant donation agreement.”

It is assumed that it has been designated as a ‘camper Construction and Research Support Fund' and that it has been continuously contributing to donations thereafter.

J. The use of such donations, even if not, until at least before the filing of the instant lawsuit, until the filing of the instant lawsuit.

The problem of the Do is what is the establishment and maintenance of the donation agreement of this case and the contribution of the donation itself.

It seems that there was no perception that it was a meaningful matter or circumstance that could affect the future. 2) The evidence No. 2-1, No. 6-1, and some of the testimony of the above witness Kim 00 are the purport of the whole pleadings.

Comprehensively taking account of the evidence No. 10-1, No. 2, as alleged by the plaintiffs, are prepared by the OE at the time of the donation agreement of this case.

Therefore, it does not seem to have been delivered to the Plaintiffs on a regular basis, and rather, it was seen earlier from the Plaintiffs’ side.

Gabs (Evidence A 9) from the head of ○○○○○○○○, on June 17, 2003, and the books enclosed thereto.

(No. B. 18) Other information provided to the plaintiffs in connection with the donation of this case by the Department, or

Based on basic data, etc., it was made to deliver it to the large side at that time, and more specific donation teaching assistants have been made thereafter.

The purpose of the donation of this case between the plaintiffs and the two parties through the process of interference is "A & Mus cus construction and smoke."

The final agreement to be the Gu Food Support Fund shall be reached and accordingly the letter of agreement of this case shall be established.

In other words, it is predicted that it was not delivered to the self-defensor but was kept as it was.

Site of separate sheet

Attached Table 1

- Major contents of letter dated June 17, 2003 -

- The President of Song○○○ will establish a thickness.

· 회장님의 존함은 오래 전부터 듣고 있었사오나 그 동안 뵙지 못하여 송구합니다.

The author made a lot of efforts for the development of representative for the past four years, among them, it was the most visible that the president had sexual intercourse with knives of knives of knives of 30 years AW unit. I think that the knives of knives of knives of knives of knives of knives.

- At the point of time where the president's term of office has not been left long, I have a simple marbling to ensure the balance of the site price for scambusus by the date of completion. This paper aims to obtain a big help from the president on this day.

1. The responsible book sent shall be picker, provoking, provoking, provoking, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk, Walk.

Attached Table 2

- Introduction of the principal contents of books sent by the president of Park Jong-○ along with his letter dated June 17, 2003 - 1 of the strong girls and girls (1928-1996) who deposited his "Naman Scholarship" to his second correction, as well as the like of his photo and shot.

1. Introduction of videos and cases, which were set up in the HHn HV Correction University of the first donator (JHn HV, 1607-1638) with respect to the U.S. HV;

1. An extractment of the following main contents, among the letter of personnel affairs of the president of Park○-○, the president of the Republic of Korea, the president of the president of the Republic of Korea, and the president of the group of at least two persons to the effect that the donation of the Plaintiff Song○-○ by the Plaintiff

Personnel affairs of the President and the President.

In line with the knowledge-based society in the 21st century, v. S.S. newly attempts and habitss towards the "Korea Exchange, the core competence universities in the Pacific sphere". Recently, our universities started to build a camp which was a lodging business for thirty years and intended to improve the educational and research conditions by starting this work. ② It is expected that the development will take place another day with the thickness of the representative, and this writing will be drown. Our society has given value to the university, and the universities have come to the time to play a role as much as possible. The universities have given a value-added investment in S. S. S., N.S., their lives and their spirit to our universities. Our universities have made a great contribution to the history and spirit of the P.S., and have made a little contribution to the international community and made a little contribution to the development of the P.S. in the international community.

The recommendation officer for the president of the Dong/Dong shall be the chairman of the Dong Council.

I think that the construction of campus from the viewpoint of the former president, who has been operating the Madern Madern Madern Madern Madern Madern Madern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern 20s.This second second is thought to be the beginning of a serious project in the second case. The contribution of college electric funds for the construction of campus does not seem to be very valuable and highly valuable. It would be a highly reliable time to develop a new era of the two new assets of Madern Modern Modern Modern Modern Modern Modern Modern Modern Modern Modern.

The recommendation officer for the chief of Maternity Council shall be appointed.

I think that the school authority's clocks construction project is very bad for the improvement of educational and research environment. It is not easy to build such clocks. One of the items necessary for the construction of a more good campaignus would not be secured in the budget. I expect that the thickness of international clocks will be added to our community in fostering the international clocks. The investment in clocks will be new and valuable for the future of the state and the nation. I hope that the clocks will be flicker's decision and decision on behalf of the 20th parents.

· introduce the history, current status, future, situation of campus, and plan for the construction of clocker and the status of the project

· Persons to be donated

- The construction of clocks can be called as '20 '20 '2'. The construction of clocks is due to the preparation of clocks to take place as 'the deep-speed university of the Pacific Republic of Korea'. From 2003 to 2011, the project is constructed with a total floor area of 237,247 square meters at the site of 340,000 square meters for nine years from 2003 to 201, and the total amount of 90,0269,000 won is invested.

- The most basic investment in this large calendar is to secure the site. (2) Of total 51 billion won in site, the amount of KRW 20.59 billion shall be paid at the spot and at the university hospital, and the amount of KRW 30.41 billion shall be paid in equal installments (interest) for every six months from June 27, 2005 to December 27, 2009. The 20th century shows that the site of the campus can be confirmed and the main price is found. More than 20 members are able to write down with a thickness so as to cause high harm to the future of the nation and the nation.

· Method of donation

(1) From June 1, 2005 to 2009, total of 30.5 billion won shall be contributed in cash each year by 6.1 billion won on June 1, 2005.

2. 25 billion won (or the date when the said amount was voluntarily designated) dated August 31, 2003 (or the date when it was voluntarily designated) (or the said amount was discounted as the date of contribution).

at present value) Contribution in cash.

(3) Cash contributions of 4.2 billion won on August 31, 2003 to 2009 shall be made in cash.

(4) The amounts equivalent to (1), (2) or (3) above shall be contributed as property of land, securities, etc.

(5) Other various methods possible with respect to the side of the university.

· Honorable treatment

- University 00 square and '00 University 00 square': The name of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development of the development.

- 한국 최초의 부부 명예박사학위 : ②대 가족 모두의 뜻을 모아 선생님 내외 두 분에게 명예박사 학위를 수여합니다. 아울러 대 미술학과 교수가 제작한 ‘특별교우상(特別校友像)'을 선생님 내외분께 증정하며, 선생님 내외분을 '제2 건학기금록' 에 특별교우로 등재하여 영구보존합니다.

-The commemorative statues of the inside and outside limits: He/she shall build a bridge in the outside of the celebs of the celebs of the celebs in order to commemorate the high intention of the celebs of the celebs. In addition, he/she shall permanently preserve the celebs of the celebs of the celebs of the celebs of the celebs of the celebs of the ce

- Free use of a whole hospital life free of charge outside and outside: N.V. room at large hospital will be used for a lifelong free of charge in the thickness of inside and outside of Korea. In addition, it is rare so that all education and research facilities and various convenience facilities can be used at any time.

- Mans of the universities for the opening of and outside of the Republic of Korea, and the beginning and end of the events held by the Congress.

Attached Table 3

- The main contents of the honorary treatment certificate issued by the president of ○○ on October 8, 2003 to the plaintiffs -

His intention to give the following honorable treatment to the Dogsan Central University Development Fund in the noble spirit of Loveing our University with a thickness of the Dogong ○○○○○○○, and contributing to a large amount of university development fund for subsequent education. The name of the Dogsan Medical Center:

Creation of Mag University University

The creation of △ square and the establishment of a road;

The name of △ Sports Center;

(진ㅇㅇ) 예술관 명명

· Awarding honorary management doctor’s degrees

President N.T. 2B. VIP free medical treatment in and outside of Korea

· Securing an exclusive space for the inside and outside of the National Assembly of the National Assembly of the National Assembly of the National Assembly;

· The production and broadcasting of Dog special program for major media organizations

· The president shall supervise 20 funerals inside and outside of the Republic of Korea.

심급 사건

-부산지방법원 2009.5.7.선고 2008가합12371

부산고등법원 2011.6.22.선고 2009나7601

-대법원 2012.10.25.선고 2011다61370

참조조문

유사 판례

-부산지방법원 2009.5.7.선고 2008가합12371 판결

-대법원 2012. 10. 25. 선고 2011다61370 판결

-수원지방법원 2018.10.12 2017가합26020

-서울행정법원 2017. 03. 17. 선고 2016구합57106 판결

-부산고법 2009. 12. 3. 선고 2009나9003 판결