1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant’s relationship (i) is an educational foundation that is established on September 21, 1992 and operates A, etc. located at the time of port (hereinafter “Plaintiff”).

B. At the time of October 21, 1997, the Plaintiff corporation agreed to merge the non-party foundation into the Plaintiff foundation in order to establish the medical college A and to make the hospital C as its subsidiary hospital, and received all assets and liabilities from the non-party foundation. The non-party foundation completed the registration of completion of the liquidation procedure on April 6, 1998.

The plaintiff corporation succeeded to the employment of all workers of the non-party foundation at the time of the employment, and also accepted the retirement allowance of 6,012,537,963.

Applicant The Plaintiff, upon the establishment of a medical corporation after the establishment of the medical corporation, had the board of directors held on March 12, 2008 and decided to establish a separate legal entity that operates the C hospital by donating the human resources and material assets of the C hospital. On April 1, 2008, the Plaintiff applied for permission to establish a medical corporation on April 11, 2008 with an application for property donation attached thereto, and completed the registration of the establishment of the Defendant medical corporation B (hereinafter “Defendant corporation”) on April 18, 2008.

B. (1) Around June 1, 2008, some of the workers employed by the hospital affiliated with the Defendant Corporation filed a lawsuit claiming retirement allowance against the Plaintiff Corporation on the ground that their labor relations were not succeeded to the Plaintiff Corporation in the process of the establishment of the Defendant Corporation after retirement from office around June 1, 2008, and then his labor relations were not succeeded to by the Plaintiff Corporation as the Defendant Corporation.

D. The Daegu High Court, the appellate court of the above case, "The issue of the payment of retirement benefits to some retired workers" in the case No. 2009Na9141, which was the appellate court of the above case, was the transfer of the business of this case by the employees of the hospital C in June 208.