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(영문) 대구지방법원 2020.12.09 2020나301191
임대차계약무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The fact-finding and judgment of the first instance court are justified even if the evidence submitted in the first instance court citing the judgment of the first instance is based on the evidence submitted in this court.

Therefore, the reasoning of this court concerning this case is identical to that of the judgment of the court of first instance, except for the dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the judgment of the court of first instance, part of the court of first instance, which is to be dismissed or added, the 3rd "G" of the 12th part shall be added to "J".

Of the 6th judgment of the first instance court, “and at the ordinary meeting of January 30, 2016, the boundary of the instant land and the instant land are clearly defined, and there does not appear to be any circumstance to deem that only the main paragraph and Chapter B located within the instant land were set as the leased object.”

Of the judgment of the court of first instance, the first class “salary” shall be added to “salarying” under the sixth class.

Of the judgment of the first instance, part of the first instance, “A is a person.” The second part of the judgment of the first instance includes “( although the parties have not correctly claimed where F is the position where F is the correct, it appears that F is the part on which the present building is located among the land in this case (attached appraisal drawings 1, 2, c. d.)” (Article 11-2).

① The Plaintiff asserts that the cancellation, termination, or alteration of the first lease contract by the resolution of the board of directors is beyond the scope of delegation by the general meeting of the first general meeting on January 30, 2016, even though there is no additional delegation by the general meeting after the conclusion of the first lease contract by the resolution of the board of directors.

However, Supreme Court Decision 2008Da11276 Decided June 12, 2008, which the plaintiff asserted as above, is related to the granting of power to a separate individual agent himself/herself, and is related to the delegation of power inside a non-corporate body.

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