beta
Text
1. The Defendant received No. 7297, April 19, 2010, as to the real estate stated in the attached list from the Plaintiff.
Reasons
1. Basic facts
A. C is the Plaintiff’s auditor, the Defendant’s director, and D (C’s wife and the Defendant’s wife) with the representative director, died on February 16, 2014.
B. With respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), the registration for transfer of ownership in the name of the Plaintiff was completed on the grounds of sale as of August 31, 2005 on April 15, 2005, and the registration for transfer of ownership in the name of the Defendant (hereinafter “instant registration”) was completed on the grounds of sale as of March 22, 2010 on April 19, 2010.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 4 and 11, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The defendant asserts that the lawsuit of this case is unlawful since it was instituted by C without the authority to represent the plaintiff and thus should be dismissed.
B. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 11 and 12, C was appointed as the Plaintiff’s auditor on May 8, 2008, and completed registration of retirement on March 31, 201, and Article 30 of the Plaintiff’s articles of incorporation provides that “at least two directors of this company, and at least one auditor, shall be appointed at a general meeting of shareholders,” but the Plaintiff may recognize the fact that the auditor was not appointed after the retirement of the auditor, and according to Articles 415 and 386 of the Commercial Act, if there is a vacancy in the number of auditors as stipulated in the articles of incorporation, it shall have the right and duty as the Plaintiff’s auditor until the appointment of the new auditor.
C. In addition, when a company files a lawsuit against a director, the auditor represents the company with respect to the lawsuit, so the lawsuit of this case filed by C on behalf of the plaintiff is lawful, and the defendant's assertion against this is without merit.
3. Judgment on the merits
A. The statements in Gap evidence No. 6-1, Eul evidence No. 2 are recognized as being integrated into the whole purport of pleadings.