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(영문) 창원지방법원 2020.07.09 2018나60745
원인무효에 의한 소유권말소등기 등
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. The plaintiff's lawsuit against the defendants is dismissed.

3...

Reasons

1. Determination as to the legitimacy of the instant lawsuit

A. On March 31, 2017, the Plaintiff filed the instant lawsuit against the Defendants on the ground that the registration of the ownership transfer and the registration of the establishment of the ownership of the neighboring apartment as indicated in the separate sheet were completed without legitimate representative authority. 2) At the time of the instant lawsuit, R, P was registered as a joint representative director on the Plaintiff’s corporate register (each appointment on July 1, 2015), and the instant complaint also indicated R and P as the Plaintiff’s joint representative director and P as the Plaintiff’s representative.

On the other hand, as to R, on the ground of the death on November 26, 2016, the registration of retirement was completed on July 28, 2017, and Q was registered on July 28, 2017 as a new joint representative director on July 19, 2017. The Plaintiff submitted the certified transcript of corporate register as of August 29, 2017, and indicated P and Q as the representative director, and signed the official seal of the representative director of the Plaintiff corporation on the said preparatory document.

The Defendants appealed against the judgment of the first instance court rendered on September 4, 2018. In the appellate court, the Plaintiff submitted a letter of delegation of lawsuit indicating joint representative director, PP and Q as representative on August 6, 2019, and the said letter of delegation of lawsuit affixed two official seals of the representative director in the name of the Plaintiff corporation.

3) Meanwhile, the case where K claims confirmation of invalidity of the resolution of the general meeting of shareholders against the Plaintiff (in the Changwon District Court Decision 2016Gahap1380, the court accepted part of the claim of K on January 24, 2019 and confirmed that the resolution of the special general meeting of shareholders to dismiss K as a director on January 20, 2010 is nonexistent. ② there is no resolution of the special general meeting of shareholders to appoint R and P as a director on July 1, 2015, the resolution of the board of directors to appoint the same day and P as a joint representative director is null and void, ③ there is no resolution of the special general meeting of shareholders to appoint Q as a director on July 19, 2017, and Q is null and void on the same day.

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