logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1962. 11. 15. 선고 62누169 판결
[행정처분취소][집10(4)행,059]
Main Issues

disposition for the sale of shares or equities belonging to a domestic corporation or partnership without dissolution shall be null and void as a matter of course.

Summary of Judgment

The disposal of the property owned by the corporation without dissolution of a domestic corporation belonging to the shares is null and void.

[Reference Provisions]

Article 2 (3) and the proviso to Article 8 (4) of the Act on the Disposal of Property Belonging to Jurisdiction

Plaintiff-Appellant

Red Maduk

Defendant-Appellee

The Director General of Seoul Government

Judgment of the lower court

Seoul High Court Decision 61Do63 delivered on July 24, 1962

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are as shown in the attached Table.

I think the gist of the Reasons for Appeal in this case is that the above non-party was legally leased from the defendant on August 29, 1949 while the non-party was occupied by the non-party 1, the non-party 1, and the defendant returned the property to the defendant, at the same time, on November 20, 1953, and on April 15, 1954, the plaintiff acquired the ownership transfer registration under the name of the plaintiff on April 12, 1955, and the non-party 1, the non-party 1, the non-party 9 and the non-party 1, and the non-party 1, the non-party 9 and the non-party 1, the non-party 9 and the non-party 1, the non-party 1, the non-party 1, the non-party 1, and the non-party 1, the non-party 9 and the non-party 1, the non-party 1, the non-party 1, the non-party 1 and the non-party 1, the non-party 1, were found.

According to the provision of Article 2 (3) of the Act on the Disposal of Property Belonging to Jurisdiction, if shares or equities were established in Korea prior to August 9, 1945 and were owned by a Japanese institution, a profit-making corporation, a cooperative, or any other association belonging thereto, and if the shares or equities were not dissolved pursuant to the provision of the proviso of Article 8 (4) of the same Act, they cannot sell individual properties belonging to the ownership of a corporation or a cooperative, and if the government were to dispose of individual properties in violation of the above provision, they shall be deemed to be invalid disposal of the property per annum. In this case, it is clear that the property in this case is owned by the next industrial corporation as a domestic corporation by the plaintiff 4-1 and 5-3, so it shall not be deemed that the court below's disposal of the property in this case was legitimate, and thus, it shall not be deemed that the above disposal of the property in this case was null and void for the plaintiff 1 to the plaintiff 5-year sales contract without taking into account dissolution measures under the Act on the Disposal of Property Belonging to Which the above corporation belongs to the plaintiff 1.

Therefore, the appeal is dismissed and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

The judge of the Supreme Court (Presiding Judge) of the Red Magsan (Presiding Judge) of the Republic of Korea is a Mag-bunbun Mag-man

arrow