Cases
2018Guhap2674 As an officer, confirmation of the absence of authority
Plaintiff
A An incorporated association
Defendant
Ministry of Education
Conclusion of Pleadings
Pleadings without Oral Proceedings
Imposition of Judgment
July 6, 2018
Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Purport of claim
1. It is confirmed that there is no authority as temporary directors G of the school juristic person B, C, D, E, or F;
2. It is confirmed that there is no authority as temporary directors G of the school foundation B, C, D, H, and I.
3. It is confirmed that there is no authority as temporary directors G of the educational foundation J, K, L, M, N, or 0.
Reasons
This court rendered on May 28, 2018 that the Plaintiff’s claim, purport of the claim, content of the application for modification of cause of the claim, and other records of trial constituted an obvious case where there is no reason for the Plaintiff’s claim in light of the contents of the Plaintiff’s claim, and other records of trial, and ordered “to deposit KRW 9,300,000 as a security for litigation costs within 14 days from the date when the order was notified” under Article 8(2) of the Administrative Litigation Act, Articles 117(2) and (1), and 120(1) of the Civil Procedure Act. The court ordered “to deposit KRW 9,30,00 as a security for litigation costs” The order for the provision of litigation costs became final and conclusive because the Plaintiff did not file an appeal after being notified of the order for the provision of litigation costs
Therefore, pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 124 of the Civil Procedure Act, the instant lawsuit shall be dismissed without oral proceedings and it is so decided as per Disposition.
Judges
For the transfer of judge;
Judge Lee Young-soo
Judges Kim Gin-han