logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.01.26 2017나50034
매매대금반환
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit shall be borne by C.

purport.

Reasons

1. We examine whether C, who filed the instant lawsuit on behalf of the Plaintiff, is a legitimate representative authority ex officio in determining the legitimacy of the instant lawsuit.

A. Even if a company is deemed to be dissolved and its liquidation is terminated pursuant to Article 520-2 of the Commercial Act, if there is a need to adjust in reality any legal relationship remaining within the scope of the above, the company's director at the time of dissolution shall naturally be a liquidator in cases where there are other provisions in the articles of incorporation or a general meeting of shareholders does not appoint a liquidator, and in cases where there is no such liquidator, a person appointed by the court at the request of an interested party shall be a liquidator, and only such liquidator shall be an institution performing and representing liquidation affairs of the company under liquidation (see, e.g., Supreme Court Decision 94Da7607, May 27, 1994); if a director of the company becomes a liquidator, the former representative director shall be a representative liquidator (see Articles 542 (1) and 255 of the Commercial Act). In such cases, only the representative liquidator shall be authorized

(see Articles 542(2), 389(3), and 209(1) of the Commercial Act). (b)

In light of the above legal principles, comprehensively taking into account the following facts: ① the Plaintiff’s registration of dissolution was completed on the ground that the Plaintiff was established on June 22, 1995 and was dissolved on December 5, 2005 pursuant to Article 520-2(1) of the Commercial Act; ② the registration of dissolution was revoked upon the Plaintiff’s registration of dissolution; ② the registration of dissolution was revoked upon the Plaintiff’s registration of dissolution was entered into D, E, F, and G with the Plaintiff’s representative director and director; ③ the registration of the completion of liquidation was completed on December 8, 2008; ④ the fact that the registration of the completion of liquidation was completed on December 8, 2008; ④ the fact that the director C filed the instant lawsuit as the Plaintiff’s representative.

3.2

arrow