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(영문) 서울중앙지방법원 2014.08.29 2013가합91257
부당이득금반환
Text

1. The establishment of the Defendant A University refers to the Plaintiffs’ respective cited amount table in attached Form 3.

Reasons

1. Basic facts

A. The Plaintiffs were students attending A University (hereinafter “A”) during the period from 2004 to 2011, and the establishment of the Defendant A University (hereinafter “Defendant A University”) is a non-corporate association that was created in the nature of a voluntary supporters’ association to support the insufficient educational facilities and operating expenses of the A University around 1963.

The Defendant National University A (hereinafter “Defendant A University”) was established in accordance with the Act on the Establishment and Management of A University, a national university, which was enacted on December 27, 2010 and enforced on December 28, 2011.

B. After having determined the project plan with the consent of the president and the resolution of the board of directors, the Defendant Association held the first board of directors each year to deliberate and decide on the budget bill for the pertinent school year and accordingly decided on the membership fee.

After that, the president of the defendant flag association issued a written notice of registration fees to the students who want to register in the new term under the joint name with the revenue collection officer belonging to the attached A, to pay the admission fees, tuition fees, and membership fees in lump sum.

The above notice was divided into the amount of each of the detailed items of admission fees, tuition fees, and dues to be received by the head of the school supporting organization, but the payment period and payment method were not divided.

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

The dues paid by the plaintiffs to the defendant during the period from 2004 to 2011 are as shown in attached Form 2.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings

2. The parties' assertion

A. The membership fees collected by Defendant Sung-sung association for the plaintiffs are not legal grounds, and they are not legal grounds.

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