(심리불속행) 항소는 대표권 없는 자에 의하여 제기되어 부적법하여 각하함[국승]
Seoul High Court 2010Nu27785 (Law No. 18, 2011)
Seoul Administrative Court 2009Guhap53366 ( October 23, 2010)
(C) The appeal shall be dismissed in a manner that it is unlawful for a person without the power of representation to file the appeal.
(Summary of the Court) The ordinary meeting is convened by a person without the power of representation, and the procedure of convening the general meeting is unlawful, so the resolution to elect the headA as the chairperson of the above general meeting is also null and void, and since the headA does not have the power of representing the clan, the appeal is filed by a
2011du1494 Revocation of revocation of change of representative for business registration certificate
AAllied Association
head of Sung Dong Tax Office
Seoul High Court Decision 2010Nu27785 Decided May 18, 2010
April 28, 2011
The appeal is dismissed.
The costs of appeal are assessed against the SS, expressed as the representative of the plaintiff.
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or are recognized as groundless. Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per
Reference materials.
If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,