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1. The Defendant’s disposition of improvement order issued to the Plaintiffs on July 19, 2016 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. C religious organization Diplomatic Association (hereinafter “instant church”) is a non-corporate association located in Guro-gu Seoul Metropolitan Government E, and Plaintiff A is a representative of a non-corporate association located in Guro-gu and a F Child Care Center affiliated with the said church (hereinafter “Child Care Center”), and Plaintiff B is the wife of Plaintiff A and the director of the Child Care Center.
B. From 209 to April 2016, 201, KRW 161,80,000 was transferred from the instant childcare center and other operating expenses accounts (agricultural G; hereinafter “instant childcare center account”) to the instant general church account (agricultural H). From September 17, 2012 to February 25, 2016, KRW 134,880,580 was transferred from the instant general church account to the instant church loan account (agricultural I).
C. On July 19, 2016, the Defendant issued an improvement order to the Plaintiffs, on the following grounds, to return the full amount of KRW 161,80,000 that was spent improperly pursuant to Article 40(1)4 of the Social Welfare Services Act to the account of a child care center (hereinafter “instant disposition”).
In the child care center of this case, the Guro-gu Seoul Metropolitan Government J land, the building of the child care center of this case, and the building of the detached house were built as a collateral and disbursed as other operating expenses. However, since the debtor's name is the church of this case, the payment of interest on the loan is in principle impossible. The amount of 80 million won of the general church account of this case (hereinafter "the loan of this case") cannot be viewed as the loan of the child care center of this case, 161,80,000 to 134,880,580 to 134,880,580 to 16,919,420 to 26,920 to 134,80 to 580 to 134,580 to 134,00,000 to 26,919,420 to 8 [Attachment 8] of Article 10 of the "Rules on Finance and Accounting of Child care Corporation and Social Welfare Facilities."