[염전소유권이전등기말소][집6민,029]
A. The practical application of Article 245 of the Commercial Act mutatis mutandis to the case
(b) Compatibility with field electric power facilities;
A. The legal principle of conformity that the ownership of a composite material in conformity with the case where the expense of excessive expense is required for the purpose of separation or separation due to the combination of water belonging to a separate owner is limited to the case where several water owners possess the main water among the ownership, or the sharing of several water owners is consistent with movable property. In a case where a salt farm facility is installed in a salt farm site, if it is not recognized as independent existence because the salt farm facility is established in the exclusive land for salt use, the salt farm facility belongs to the ownership of the site for salt farm as an effect of the right to ownership of real estate, and the legal principle of conformity is not applicable.
(b) The transfer of important business property which is the basis for the existence of a stock company shall be treated in accordance with the transfer of the whole or part of the business, which may cause the discontinuance or discontinuance of the
Articles 243 and 244 of the Civil Act
Cooperative salt Business Corporation
The intervenor taking over the part in the defendant et al., the plaintiff et al.
Seoul High Court Decision 56Do148 delivered on May 14, 1957, Seoul High Court Decision 56Do148 delivered on May 14, 1957
According to the records, if the contents of No. 1, No. 2, No. 12, and No. 14 of the above No. 12 and the whole purport of the parties' pleadings are comprehensively reviewed in accordance with the judgment of the court below, the plaintiff company is a company with the purpose of producing salt and its incidental business part of its business, and the plaintiff company is fully aware of the original fact that the plaintiff company had no special resolution of the general meeting of shareholders in transferring the salt farm, so the transfer of the important business property which is the foundation of the existence of the plaintiff company shall be an important business property which is the foundation of the existence of the plaintiff company, and there is no transfer or suspension of the business in whole or in part and there is no correction of the business. Thus, the transfer of the important business property which is the foundation of the existence of the corporation shall be deemed to result in the discontinuance or suspension of the business, and it shall not be effective without a special resolution of the general meeting of shareholders by analogy of Article 245 (1) of the Commercial Act on the transfer of business.
The legal principles on the conformity that the ownership of composite water in conformity with the case where the expense for the purpose of separation or disturbance is required due to the combination of several water belonging to a separate owner shall belong to several different owners, and that the ownership of composite water shall belong to several movables, among several water ownership, or to the sharing of each water owner. In the case where a salt farm facility is installed in a salt farm site, if it is not recognized independent as it is settled in the exclusive site for salt use, the salt farm facility shall belong to the owner of the site for salt farm as an effect of the right of ownership of real estate, and the legal principles on the conformity shall not apply to this case. According to the records and the original judgment, it can be recognized that the ownership of composite water in conformity with the case where the second reservoir C, C, and D, and D, of the instant case was completed by the Defendant Park Young-c, in the exclusive site for salt farm owned by the Plaintiff, but in such a case, the legal principles on conformity with the previous reasoning cannot be applied.
Justices Kim Jong-il (Presiding Justice)