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(영문) 서울고등법원 2015.10.15 2015나2012862
기본재산처분허가신청절차이행
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall be the plaintiff, the competent agency (Minister of Education), and the plaintiff 1.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract with the Defendant on April 30, 2010 to contribute profit-making property to the Defendant, guarantee the Defendant’s independent right to operate the C University, and ultimately to establish or transfer the C University separately from the Defendant to the new school juristic person acquiring the Plaintiff’s right to operate the C University. The Defendant established and operated the E University, F University, C University, G High School, H High School, H High School, and EU Elementary School. The Plaintiff and the Defendant entered into a contract with the Defendant on April 30, 2010 to acquire the right to operate the C University.

Accordingly, the Plaintiff and the Defendant, on the same day, drafted the first “agreement” with the content that the Plaintiff would contribute 50 billion won to the Defendant and take over the right to operate the C University from the Defendant, and subsequently, drafted on August 5, 201, the “written agreement”, “Agreement on the Division of the C College,” “a written agreement on the Division of the C College,” and “a written additional agreement on the Division of the C College,” and on November 8, 201, amended or concrete the details of the agreement as to the method of contribution and the method of transferring the right to operate the C University.

(The first agreement provides that the plaintiff shall contribute 70 billion won to the defendant, but among them, 20 billion won shall be donated again to the defendant as the profit-making property of the C college, so the plaintiff actually contributes 50 billion won to the defendant. (B)

The main point of the final agreement is that the plaintiff contributes 50 billion won to the defendant, and the defendant transfers the right to operate the C University to the school foundation that the plaintiff establishes or acquires the right to operate the C University, and the defendant implements the resolution of the board of directors, the amendment of the articles of incorporation, the procedure for applying for permission to the administrative

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