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(영문) 대법원 1963. 12. 12. 선고 63다321 판결
[가처분결정에대한이의][집11(2)민,283]
Main Issues

Method of appeal to a decision on appointment of provisional director by the court

Summary of Judgment

When an objection is raised against a decision of appointment of a provisional director by the court under this Act, an appeal shall be made in accordance with the provisions of this Act, and in order to suspend the execution of the decision of appointment of a provisional director, it shall not be subject to the provisional disposition procedure under the Civil Procedure Act, unless a request is made by the appellate court or the court of original instance to suspend the execution of the decision or to take other necessary measures pursuant to

[Reference Provisions]

Articles 20 and 24 of the Non-Contentious Case Litigation Procedure Act, Article 418 of the Civil Procedure Act

Applicant-Appellant

1.8 1.0 1.0

Respondent-Appellee

Zump et al. and nine others

Judgment of the lower court

Gwangju District Court Decision 63Na39 delivered on May 1, 1963

Text

The appeal is dismissed.

Expenses for an appeal shall be borne by the applicant.

Reasons

According to the grounds for appeal of the applicants and the reasons for the Respondent's objection to the attorney's answer, the applicants are in the position of director of the Respondent, the Respondent, and the Respondent is dismissed from office at the expiration of December 4, 1959, notwithstanding the fact that the Respondent is dismissed from office without any authority, the Respondent shall dismiss the applicants through a series of resolutions such as the Committee Resolution of March 9, 1960, the Respondent, the Provisional Council Resolution of March 28, 1960, and the Respondent shall dismiss the Respondent from office and thereby, the Respondent's temporary appointment of directors under the Respondent No. 22, 1960, and the Respondent's temporary appointment of directors under the Respondent No. 1, 1960, the Respondent's temporary appointment of directors shall be suspended for this reason, and the above Respondent's temporary appointment of directors shall not be justified until the Respondent's decision to suspend the above provisional appointment of directors and other non-contentious matters for this reason.

Therefore, it is so decided as per Disposition with the assent of all participating judges.

[Judgment of the Supreme Court (Presiding Judge) Na-ju (Presiding Judge) Dog-Jak and Ma-Man-ju, Lap-Man-Ma

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