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(영문) 대법원 1962. 1. 11. 선고 4293민상725 판결

[가처분결정에대한이의][집10(1)민,001]

Main Issues

Where the property of a corporation is property devolving upon the corporation and not,

Summary of Judgment

Where the property of a corporation is property devolving upon the corporation and not,

Applicant-Appellant

Korea

Respondent-Appellee

More than 50,00

Judgment of the lower court

Busan District Court Decision 4293No491 delivered on September 29, 1960

Text

The judgment of the court below is reversed.

The case shall be remanded to the Daegu High Court.

Reasons

The grounds of appeal by the plaintiff's attorney are as stated in the grounds of appeal.

If the Japanese Government No. 3 of the Act provides that the ownership of all or part of the property directly owned or managed by an institution or organization of the Japanese Government or its organization or the organization organized or controlled by the Government shall belong to the U.S. military administration as of September 25, 45 as long as this is located within the jurisdiction of the U.S. military administration, but if the property is owned by the U.S. military administration, it shall be interpreted that it belongs to the corporation established in the Republic of Korea under the direction of the U.S. military administration as of September 17, 47 to respect the legal personality of the corporation and that its management belongs to only the shares which were legally elected by the Japanese government administration without regard to the corporation's manager appointed by the Japanese government. If it is clear that the property acquired by the Japanese government should be managed within the legal authority of the shareholder, and that the property belongs to the corporation or organization established in the Republic of Korea as of December 6, 47, 200 to the sale of the shares or other property belonging to the corporation.

Therefore, the judgment of the court below is reversed without examining the grounds of appeal, and the case is remanded to the Daegu High Court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices.

The judge of the Supreme Court of Justice Hong Ma-won (Presiding Judge)