[수표금][집13(2)민,034]
The effect of the land improvement association where it issues a check for purposes other than the performance of the obligations lawfully borne without the approval of the Do Governor.
The issuance of a check by the land improvement cooperative shall be null and void, if it is necessary to approve of the Do Governor as a result of the conference of the cooperative council and the check is issued without the approval of the Do Governor, except where it is issued in lieu of or in order to secure the performance of the obligation lawfully
Paragraph 10 of the Addenda of the Land Improvement Project Act (Act No. 30 3)
Kim Jong-ray
Cooperatives for Improvement of Fenced Land
Gwangju District Court Decision 65Na97 decided April 27, 1965
The appeal is dismissed.
The costs of appeal are assessed against the plaintiff.
As to the ground of appeal by the Plaintiff’s attorney:
It is reasonable to view that the issuance of the check by the land improvement cooperative is a cause as stipulated in Article 30 subparagraph 3 of the Land Improvement Business Act, except where the check is issued in lieu of the lawful performance of the obligation that the land improvement cooperative has paid, or where it is possible to do so, it constitutes a cause as stipulated in Article 30 subparagraph 3 of the same Act. Therefore, since the approval of the Do governor is required pursuant to Article 10 of the Addenda of the same Act, the above check issued without the approval of the Do governor is null and void, and therefore the land improvement cooperative is not obliged to bear any obligation, and the land improvement cooperative can assert the invalidity of the check regardless of the good faith of the holder of the check as to whether it has the above reason. Accordingly, in the issuance of the check, it cannot be recognized that it is a case where it is substituted for the performance of the lawful performance of the obligation of the Do governor, or it is possible to present it together with it, and the act of the issuance of the check is null and void as the purport of the judgment of the court below, and there is no error in law.
All arguments are groundless.
Therefore, according to Articles 400, 395, and 384 of the Civil Procedure Act, it is so decided as per Disposition by the assent of all participating judges.
The judges of the Supreme Court, the two judges of the two judges of the Supreme Court (Presiding Judge)