In registering a representative member of a limited partnership company, even if there is any defect in the registration made in the status of the limited partner, the defect in the representative member qualification shall be extinguished as at the time of registration for change, if the registration for change was made with the limited partner.

In registering the representative member of a limited partnership company, even if there is any defect in the registration as a member with limited liability, the defect in the representative member qualification shall be extinguished at the time of the registration of change as long as the registration of change is made with unlimited liability.

Article 278 of the Commercial Act

Limited partnership companies, subsidiary national livestock industry and stock farm;

Defendant

Busan High Court Decision 70Na500 delivered on November 30, 1971, Busan High Court Decision 70Na500 delivered on November 30, 197

The appeal shall be dismissed.

The costs of appeal are assessed against the plaintiff.

(1) First, the Plaintiff’s agent’s ground of appeal No. 1 is health as follows.

According to the reasoning of the judgment, although the court below did not have any inadequate points in its reasoning, although the defendant purchased the real estate which was owned by the plaintiff company from the non-party 1, the representative of the plaintiff company, on September 13, 1966, with the purchase from the non-party 1, the non-party 1, who purchased the real estate from the non-party 1, the representative of the plaintiff company, rejected the plaintiff's assertion that the sale is null and void. Rather, the non-party 1, the non-party 2, the non-party 3, the non-party 4, and the representative of the plaintiff company at the time of the sale, who was the non-party 6, delegated the right to sell the real estate to the non-party 1, and the non-party 6, the non-party 1, the non-party 1, who was the representative of the non-party 1, did not have any defects in the above registration's right to represent the non-party 1, as well as the non-party 2's representative.

(2) Ground of appeal Nos. 3 and 2 and 3 of the Grounds of Appeal Nos. 2 and 2 of the Enforcement Decree of the same Act are health care workers;

According to the evidence No. 2 (Articles of incorporation), there is no special limitation provision such as Article 62 of the Civil Code on public-service corporations, and there is no such special limitation provision as to the establishment, so it is impossible to exercise the right of employee as in the theory of lawsuit, or the power of attorney can not be comprehensively delegated, or it is not possible for the trustee of the company's property to dispose of it voluntarily, or the resolution or consent of the disposal of the company's property should be made in the method of a special resolution. Accordingly, the judgment of the court below based on this purport shall not be adopted in all arguments on the original judgment on the premise of just and opposing opinion.

(3) Ground of appeal Nos. 2 and 4 of ground of appeal No. 1 as to such status of trees

If the court below examines the evidence relations selected by the court below, the fact finding of the court below is acceptable, and even if only other evidence except the testimony portion of the non-party Lee Jong-tae pointed out, it is sufficient to recognize the facts at the time of original adjudication. Therefore, it is not all groundless to criticize the legitimate fact finding of the court below.

Therefore, the appeal is dismissed as it is without merit, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng