Cases where it is difficult to regard all or part of the company business as transfer.

At the time when the defendant company agreed to allow the plaintiff to take the place of a river site of 104 square meters and the date of the right pursuant thereto as payment in lieu of the construction cost, even if the defendant company did not have any other property except the right of 1062 square meters including the above 104 square meters, the transfer of the above property is difficult to view the transfer of all or part of the so-called business under this Article, and thus the special resolution of the general meeting of shareholders is unnecessary.

Article 374 of the Commercial Act

Plaintiff

Long-Term Industry Corporation

Busan District Court Decision 68Na634 delivered on February 26, 1970

The original judgment shall be reversed, and

The case shall be remanded to the Daegu High Court.

We examine the Plaintiff’s ground of appeal.

According to the judgment of the court below, the court below rejected the plaintiff's claim on the ground that the defendant company did not have any other property except the above 1062 square meters including 104 square meters and 1,270,000 construction cost of the river site which the defendant company had the plaintiff start up the uniforms and 1,270,000 construction cost of the defendant company did not pay to the plaintiff by September 10, 65, the defendant company did not pay to the plaintiff the plaintiff the construction cost of the 1,270,00 construction cost of the 65.7.10, which was at the time when the defendant company followed the procedure prescribed in the River Act and agreed to transfer to the plaintiff by the plaintiff. The defendant company did not have any other property except the right to the 104 square meters of the above 104 square meters of the above 104 square meters of the above 104 square meters of the company's business. However, in the relationship under the court below's reasoning, it is difficult to view that the transfer of the above property cannot be justified.

Since then, it is so decided as per Disposition by the assent of all members.

The judges of the Supreme Court (Presiding Judge) of the Red Marins (Presiding Judge) of the Republic of Korea