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(영문) 서울고등법원 2018.10.17 2018누46836
수익용기본재산처분허가신청거부처분취소청구의소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

The details and details of the disposition taken by the Plaintiff and the school juristic person B (the name of February 15, 2007 was changed to “school juristic person C”; hereinafter “instant school juristic person”) was established on December 14, 1978 and changed to “E High School” (the name of January 29, 2007 was changed to “E High School”; hereinafter “E high school”) and F High School was established and operated. G was the founder and chief director of the instant school juristic person.

G around July 2004, the president of the H principal association of the H principal association (hereinafter “H principal association”) and “G, by means of separating the F High School from the instant school juristic person, transferred the right to operate the H principal association and receiving KRW 7 billion from the H principal association by changing the executive officers of the instant school juristic person,” and on September 16, 2004, G resigned from the chief director of the instant school juristic person, and I was appointed as the chief director.

When it is difficult to separate the F High School in the instant school juristic person, G entered into an additional agreement on November 24, 2004 with H principal and H principal to accept the F High School’s operating right together.

G re-consigning the position of the educational foundation in this case, on September 9, 2005, HH association and the agreement that “The educational foundation in this case shall operate the F High School separately and without compensation (hereinafter “the agreement in this case”) was concluded that the juristic person newly established by G, subject to the Defendant’s permission, shall transfer the 6,616m2, Ara Development Co., Ltd.’s shares 106,076 and cash 80 million won (hereinafter “basic property for profit in this case”), which are fundamental property for profit, to the juristic person newly established by G, but G shall not claim the transfer (hereinafter “the agreement in this case”) if the Defendant’s permission on the transfer of basic property for profit in this case was not obtained, even if the Defendant’s permission was not obtained, the above money shall be preserved if it satisfies certain requirements).”

On November 2005, the Plaintiff was established for the operation of FF High Schools.

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