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(영문) 서울중앙지방법원 2015.03.03 2013가단252031
부당이득금반환 등
Text

1. The Defendant Ansan-dong University Association’s sexuality KRW 2,962,660 to Plaintiff A, KRW 6,032,00 to Plaintiff B, and KRW 881,060 to Plaintiff C, respectively.

Reasons

1. Facts of recognition;

A. Ansan University is a national university established and managed by the Republic of Korea. The Plaintiffs are graduates of Ansan University, and Defendant Ansan University is an unincorporated association that is equipped with the nature of a voluntary supporters’ association for the insufficient educational facilities and operating expenses of Ansan University.

B. Following the president’s consent and the resolution of the board of directors, the Association established the project plan, and then deliberated and resolved on the budget bill for the pertinent school year by holding the first board of directors each year, and accordingly decided on membership fees.

The president of the Ansan-dong University issued a written notice of registration fees to the effect that students who want to register in the new semester under the joint name with the revenue collection officer belonging to the Ansan-dong University shall pay in lump sum admission fees, tuition fees, and dues for school supporting association.

The notice of the registration fee was divided into the amount of each detailed item of the admission fee, tuition fee, and dues to be received by the revenue collection officer, but the payment period and method were not different.

Accordingly, there was no case of allowing the payment of the dues for the payment of the dues separately from the admission fees or tuition fees.

C. The rules of the Ansan-dong University (hereinafter “the rules of this case”) stipulate that the guardian of the student attending the school shall be a regular member of the sexual conference.

From 2004 to 2010, the Plaintiffs paid each of the money stated in the claim amount column for each Plaintiff’s attached Form as a subscription fee while attending the Ansan-dong University.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (including additional numbers), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the claim against the Defendant Ansan-dong University on the press conference

A. Since the 1st Plaintiffs’ assertion by the parties concerned is not a legal ground for the membership fee collected by the Sungdong University’s Sung-dong University’s sexual association, the establishment of the Defendant Dong-dong University’s sexual association is from the Plaintiffs.

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