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(영문) 대법원 1967. 2. 21. 선고 66다2405 판결
[주주권확인등][집15(1)민,131]
Main Issues

Cases of Article 4 (1) of the Addenda to the Act on Special Measures for the Disposal of Reversion Property that does not constitute "the profit-making corporation which is not the Civil Code to which the vested shares belong, with two or more persons."

Summary of Judgment

The so-called "profit-making corporations in which not less than one half of the shares have been reverted to the Government" in paragraph 1 of this Article refers to the cases where not less than one half of the shares belonging to the profit-making corporations in which the properties have been disposed of have been reverted to the Government, and it does not determine the number of shares reverted, including shares with the nature

[Reference Provisions]

Article 4 (1) of the Addenda to the Act on Property Disposal for Reversion; Article 4 (2) of the Addenda to the Act on Property Disposal for Reversion

Plaintiff-Appellee

Jeju Bank, Inc.

Defendant-Appellant

Co., Ltd.

Judgment of the lower court

Seoul High Court Decision 66Na302 delivered on October 14, 1966

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

We examine the Defendant’s agent’s grounds of appeal.

The judgment of the court below is that the plaintiff bank was a stock company, which was originally sold by the plaintiff bank, and the Korea Savings Bank was established with the trade name of the Japanese High Power Industries Co., Ltd., and that it now changed to the name of the High Power Industries Co., Ltd., the plaintiff bank was now at issue; the plaintiff bank purchased 149,00 shares from September 10 to July 14, 194; completed the registration of the defendant company's shareholders' list; the defendant company's shares were at least 149,00 shares; the defendant company's shares were at least 70 shares belonging to the Korean Government Co., Ltd.; the defendant company's shares were at least 5 shares belonging to the defendant company; the defendant company's shares were at least 60 shares belonging to the plaintiff company's 19,700 shares belonging to the plaintiff company's High Power Industries Co., Ltd.; the plaintiff company's remaining shares belonging to the plaintiff company's High Power Industries Co., Ltd.; the plaintiff company's total shares belonging to 1707.

Therefore, even if the original judgment sold the shares owned by the Plaintiff bank by mistake and mistake as the ownership of the Plaintiff bank, its disposition is just, and its disposition is also invalid, and the reasoning of rejecting the Defendant’s argument that the original judgment constitutes the shares owned by the Plaintiff bank by more than 1/2 of the shares owned by the Plaintiff bank is insufficient, but its conclusion is just, and it is not reasonable, and therefore, it is groundless.

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 judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu

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