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(영문) 광주고등법원 2017.04.21 2015나15787

근저당권말소

Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be revoked, and the claim of the plaintiff (Counterclaim defendant) shall be dismissed;

2...

Reasons

1. Basic facts

A. On November 17, 2009, the Plaintiff is a foundation established for the purpose of establishing and maintaining a charnel house. F entered into an agreement with the wooden Market on March 25, 2009 (hereinafter “instant project”). To promote the instant project, the Plaintiff’s representative obtained permission for incorporation from the Jeonnam-do Governor on October 29, 2009 as the Plaintiff’s representative.

Of the Plaintiff’s articles of incorporation permitted by the competent authority at the time of establishment, the parts related to this case are as follows, and each real estate listed in the separate list (hereinafter “instant real estate”) constitutes real estate listed in the list of basic property attached to the Plaintiff’s articles of incorporation or real estate divided from that real estate, and constitutes the

G, etc. contributed to the Plaintiff, and the Plaintiff completed the registration of ownership transfer concerning the instant real estate on March 8, 2010.

Article 7 (Classification of Property) (1) Management of property of a corporation shall be divided into fundamental property and ordinary property.

(2) The fundamental property shall be real estate or movable property related to the performance of the purpose business of a corporation, which is contributed by the founder and determined as the fundamental property by the board of directors, and the list and appraised value thereof shall be as specified in attached

Article 8 (Management of Property) (1) When any basic property of a corporation is to be sold, donated, exchanged, leased, or used as security, or to be provided as security, to bear obligations, or to waive rights, the board of directors shall undergo a resolution of at least

(2) The provisions concerning changes in the articles of incorporation shall apply mutatis mutandis to changes in fundamental property.

Article 10 (Loans) Where any corporation intends to assume obligations other than budget or borrow funds, it shall go through a resolution of the board of directors.

Article 24 (Resolution of Board of Directors) The board of directors shall deliberate and resolve on the following matters:

1. Amendment of the articles of association;

9. The powers of the board of directors pursuant to other Acts and subordinate statutes, or articles of association.