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(영문) 수원고등법원 2020.11.04 2019나20616
설립자 명의변경절차 이행청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure

(hereinafter the meaning of the abbreviationd language used in this context is as in the judgment of the court of first instance). 2. The parties' assertion

A. On September 27, 2018, the Defendant prepared the instant application and transferred the management right, i.e., the founder’s status to the Plaintiff without compensation. However, the Plaintiff agreed to have the Defendant provide “reasonable compensation according to the due process” to the Defendant’s wishes, and entered into a written donation agreement with the Defendant.

Therefore, the defendant is liable to implement the procedure for applying for authorization to change the founder of the school of this case according to the onerous donation contract.

3) Even if the Plaintiff and the Defendant could not be deemed to have concluded a contract of onerous donation, the contract was concluded between the Defendant and D with respect to the third party whose summary is the Defendant, the abortiond person D, and the beneficiary. As long as the Plaintiff expressed an intent of profit, the Defendant is obligated to implement the procedure for applying for authorization to change the founder of the instant school pursuant to the above contract. (B) Defendant 1’s legal representative was duly granted the right of attorney from the Defendant.

2) The Defendant is either the Plaintiff or D (hereinafter “Plaintiff”).

3) The Plaintiff did not enter into a contract with the burden of transferring the management right, i.e., the founder’s status of the instant school without compensation, with the provision of “reasonable compensation in accordance with due process” from the Plaintiff.

Even if there are ① “a donation not in writing” under Article 555 of the Civil Act, and thus, it was legally rescinded by the delivery of the preparatory documents dated July 17, 2019, which contain the Defendant’s declaration of intent to rescind.

2. D.

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