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(영문) 전주지방법원 2016.11.02 2016나861
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons for this court’s explanation are as follows: (a) the deletion of “(i)” in the parallel 6 to eight(ii) in the first instance judgment; (b) the substitution of not more than section 5(b) is identical to that of the first instance judgment; and (c) thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, under the main sentence of Article 420 of the same Act.

B. It is recognized that the facts recognized prior to the defendant's ratification can be recognized in the following circumstances, namely, that I comprehensively delegated the defendant's representative authority from G to the defendant representative director G.

However, although the representative director of a corporation comprehensively delegates his/her authority as the representative director to a third party and practically allows such third party to perform the business of the corporation, it cannot be permitted against the purport of the representative director system as an act detrimental to the interests of the corporation even if the third party is a person in de facto control over the company, and thus, it is null and void as an act of unauthorized representation in the name of the corporation, unless the third party is individually and specifically delegated or consented by the representative director.

(2) In light of the above legal principles, the Plaintiff is obliged to pay back the contract of this case to the Plaintiff on or around December 4, 2013, 2012. However, even if it is acknowledged that, in light of the above legal principles, the Plaintiff clearly expressed his/her intent to ratification the preparation of the contract of this case to the Plaintiff on or around August 20, 196, the Plaintiff is obliged to pay back the instant real estate owned by the Defendant representative director G to the Plaintiff, i.e., the legal act that the Plaintiff would donate the instant real estate from the Defendant representative director G to the Plaintiff, i.e., the legal act that the Plaintiff was entitled to ratification the preparation of the contract of this case to the Plaintiff, unless there is any evidence to deem that the Plaintiff was individually and specifically delegated or consented with the authority to delegate or accept the preparation of the contract of this case to the Plaintiff.

Now is the money transaction.

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