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(영문) 서울고등법원 2015.06.26 2014나26158

공사대금

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The cost of assistance shall be included.

Reasons

1. The reasons why the court should explain this part of the protocol for quasi-examination are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the first instance is cited by the main sentence of Article 420 of

2. The plaintiff's assertion

A. On August 26, 2002 and April 25, 2003, the judgment that there was no resolution to amend the articles of incorporation or a general meeting of partners by each of the above dates became final and conclusive, on the ground that Defendant B had the seal impression, seal impression, etc. of the representative director of the Defendant Company, etc. on the ground that it had the seal impression, seal impression, etc. of the Defendant Company’s representative director, etc.

In a lawsuit subject to quasi-deliberation of this case, the representative director of the defendant company appointed based on each amendment of the articles of incorporation and a resolution at a general meeting of members confirmed the absence thereof appointed the defendant company's attorney, and such attorney participated in the conciliation.

Therefore, there is a ground for quasi-examination that constitutes “when there is any defect in granting a legal representation right, powers of attorney, or authority necessary for a legal action by a representative” under Articles 461 and 451(1)3 of the Civil Procedure Act in the instant protocol of conciliation.

B. The Plaintiff and the Defendants drafted the instant protocol on the premise that Defendant B, the title holder of the ownership transfer registration of the instant apartment under Article 451(1)8 of the Civil Procedure Act, was the lawful owner of the instant apartment. Defendant B, the title holder of the ownership transfer registration of the instant apartment, was revoked in the Suwon District Court’s Ansan Branch 2004s money405, which was the cause of completing the ownership transfer registration of the instant apartment, in the case of reexamination of the same court No. 2011 J.

Therefore, the instant protocol of conciliation constitutes “when a judgment or other judgment or administrative disposition, which forms the basis of the judgment, has been changed by a different judgment or administrative disposition” under Articles 461 and 451(1)8 of the Civil Procedure Act.

3. The plaintiff.