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(영문) 부산고등법원(창원) 2016.01.14 2014나1129

건축주명의변경

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1. Revocation of a judgment of the first instance;

2. The instant case is remanded to the Changwon District Court.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts are clearly recorded:

At the time of the filing of the instant lawsuit, the representative director of the Plaintiff appointed D as a legal representative of C, and submitted the instant complaint on December 14, 201.

B. The above attorney D resigned in February 2012, and thereafter the plaintiff's attorney was changed to E.

C. Around June 2012, an application for correction of the Plaintiff’s indication was submitted to the court of first instance, which corrected the Plaintiff’s representative director as F. The representative director on the Plaintiff’s corporate register was changed from the above C to G on January 18, 2012, and changed to F around May 9, 2012.

The representative director on the Plaintiff’s corporate register changed to H around July 6, 2012. The Plaintiff’s representative director submitted a letter of withdrawal of the lawsuit that H stated as the Plaintiff’s representative director to the court of first instance on July 18, 2012.

(hereinafter “Withdrawal of the instant lawsuit”). On July 19, 2012, the Defendant submitted a written consent of withdrawal of the lawsuit.

E. On July 23, 2012, the Plaintiff’s attorney asserted the validity of the withdrawal of the lawsuit and submitted an application for designation to the court of first instance to the court. On September 24, 2012, the Plaintiff’s representative director H was dismissed on July 17, 2012 due to the Plaintiff’s evidence No. 17, and on the same day I was appointed as the representative director, and submitted all the registered matters (current matters) which completed each dismissal and appointment registration on July 25, 2012.

F. The court of first instance rendered a declaration of the termination of the lawsuit by the court of first instance on February 19, 2014, on the ground that the lawsuit in this case was duly terminated by the written withdrawal of the lawsuit in this case submitted on July 18, 2012.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion H et al. conspired with the Defendant to forge relevant documents, such as the Plaintiff’s shareholder registry, and then registered as the Plaintiff’s representative director, and submitted the written withdrawal of the instant lawsuit as the Plaintiff’s representative director. Thus, the Plaintiff’s assertion

Therefore, the judgment of the court of first instance should be revoked and the plaintiff's claim, such as the purport of the claim, should be accepted.