(영문) 청주지방법원 2016.01.28 2014가합27422

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(영문) 청주지방법원 2016.01.28 2014가합27422

건축주명의변경

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 10, 2006, the Plaintiff obtained a building permit from the head of the Gun on November 10, 2006 regarding the new construction of a building with a lot of land 19,813 square meters in the petitioner-gu, Cheongju-si (hereinafter “instant building”).

B. On April 14, 2014, D, as the only director of the Plaintiff, adopted a resolution to hold a board of directors at the meeting room of the attorney-at-law prison of Cheongju Women’s Prison, which he had been admitted, to change the name of the owner under the said building permit from the Plaintiff to the Defendant (hereinafter “instant resolution”), and each of the minutes of the board of directors (Evidence A No. 4) and written consent to change the name of the owner (Evidence 5-1) of the said board of directors, and issued it to the Defendant.

C. The Defendant, along with each of the above documents received from the Plaintiff, filed an application for change of the name of the building owner with the petition head, and accordingly, on April 16, 2014, the name of the building owner was changed from the Plaintiff to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-4, Gap evidence 5-1, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is contrary to Article 390(3) of the Commercial Act, which provides a notice of convening a board of directors on the auditor’s meeting room at an agency, a female female correctional institution, in which the auditor’s access is restricted, and thus, is unlawful. Moreover, the Plaintiff’s consent to the change of the above name constitutes abuse of power of representation. As long as the procedure for changing the name of the owner was completed to the Defendant based on the instant resolution that is illegal or invalid, the Defendant is obligated to implement the procedure for changing the name of the owner

3. Determination

A. As to whether the resolution of this case is unlawful, Article 390(3) of the Commercial Act provides that "in convening a board of directors, notice to each director and auditor shall be given at least one week prior to the date set for the meeting."

참조조문

-상법 제390조 제3항

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