[해직정지등][집11(1)민,237]
In case where the rights and duties of a juristic person are succeeded to a juristic person newly incorporated under Acts, whether or not such status is succeeded in court
In case where the rights and duties of a juristic person are succeeded to a juristic person newly incorporated under Acts, whether or not such status is succeeded in court
Article 75 of the Civil Procedure Act
Song-gun et al. and one other
National Agricultural Cooperative Federation
Seoul District Court Decision 61Na1858 delivered on December 18, 1962
The original judgment is reversed and the case is remanded to the Seoul High Court.
According to the records, if the rights and obligations of a corporation are succeeded to a new legal entity established under the provisions of the Act, the legal status of the newly established legal entity will also be succeeded to the newly established legal entity unless there is any special ground. The plaintiffs' claims against the defendant are based on the order of the closure of the Korea Agricultural Bank, as alleged in February 16, 1961, and the dismissal order was issued on March 2, 1961, and the plaintiff Park Young-young will transfer the status of the employees of the Korea Agricultural Bank to the Korea Agricultural Bank under the Agricultural Cooperatives Act, as alleged in the above 1961, and the order of the transfer of the status of the employees of the Korea Agricultural Bank under the Agricultural Cooperatives Act was issued on February 16, 1961, and the above transfer order and dismissal order were issued on March 2, 1961 to the Korea Agricultural Bank under the Agricultural Cooperatives Association Act, and thus, the above transfer order and dismissal order were invalid for the reasons as alleged in the 196th National Agricultural Bank's previous transfer order and new status of the Korea Agricultural Bank.
In the indictment submitted at the court below, although the defendant is indicated as the National Agricultural Cooperative Federation, the succession relation to the legal status of the defendant defendant agricultural bank in the first instance trial is identical to the above explanation, so the interruption relation of litigation procedures is in progress between the plaintiffs and the successor of the agricultural bank as explained above. Thus, the court below rejected the plaintiff's claim on the ground of its decision without any determination as to the following items, under the interpretation that the National Agricultural Cooperative Federation succeeded to the legal status of the above National Agricultural Bank as the successor of the agricultural bank, and under the interpretation that the above National Agricultural Cooperative Federation succeeded to the status of the agricultural bank, the court below erred in the interpretation of the Industrial Bank Act and the Agricultural Cooperatives Act, and did not err in the misapprehension of the legal principle of succession to the legal status of the defendant agricultural bank in the first instance trial, and therefore, it is so decided as per Disposition by the assent of all participating judges pursuant to Article 406 of the Civil Procedure Act.
The judge of the Supreme Court (Presiding Judge) of the Republic of Korea shall have his highest leapbal lebbal lebals