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(영문) 대법원 2016.10.13 2016다227632
소유권이전등기
Text

The appeal shall be dismissed.

The costs of appeal are assessed against G.

Reasons

Judgment ex officio is made.

According to the records, G, which was the representative of the defendant, was sentenced to the judgment of the court of first instance, and on July 27, 2015, after the representative of the defendant submitted a petition of appeal by the defendant on July 27, 2015, on behalf of the defendant, on September 30, 2015, appointed the law firm (with limited liability) continental Aju (hereinafter referred to as "alternative Aju") as the defendant's legal representative, and delegated the authority to file an appeal.

Accordingly, as the judgment of the court below against the defendant was rendered, the continental owner filed the appeal of this case as the defendant's legal representative.

However, as long as the continental owner is already appointed by G that has already resigned from the representative director, barring any special circumstance, the court below does not have the authority to legally act for the defendant. Therefore, the appeal of this case is unlawful as it has been filed without the authority.

The defendant can only be challenged by filing a lawsuit for retrial.

Therefore, the appeal of this case is dismissed, and the costs of appeal are assessed against G by applying Articles 108 and 107(2) of the Civil Procedure Act to the cost of appeal. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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