(영문) 서울중앙지방법원 2015.02.11 2014가합20320

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(영문) 서울중앙지방법원 2015.02.11 2014가합20320

소유권이전등기말소등

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

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

Reasons

The summary of the case is that the Plaintiff seeks cancellation of the registration against the Defendants on the ground that the provisional registration, transfer registration, and establishment registration of ownership in the name of the Defendants on each of the real estate listed in the separate sheet are based on the ownership transfer registration based on the invalid sales contract without the permission of the competent authority.

As to the legitimacy of the lawsuit, the lawsuit is unlawful, since the F, which filed the lawsuit in this case against the principal safety of the Defendant Live Partners Loan Corporation, has no right to represent the Plaintiff.

In full view of the purport of the entire arguments in evidence Nos. 2 and 3 Eul (Ex officio with respect to the remaining Defendants, other than Defendant Lap Partners), F may recognize the fact that the provision on restriction of power of representation was registered as of July 18, 2013, and that all the directors present at the above resolution of the board of directors who appointed F as new directors are appointed by the resolution of the board of directors which was made on March 29, 2013, and the registration of his/her appointment was completed on April 9, 2014, and the registration of his/her appointment was completed on April 11, 2013, and the provision on restriction of power of representation was registered as of July 18, 2013.

According to the above facts, the resolution by the board of directors on March 29, 2013, which appointed F as a director, is null and void, and the F cannot be admitted as a legitimate director.

Therefore, F does not have the authority to represent the Plaintiff Foundation, and the instant lawsuit is unlawful as it constitutes a lawsuit instituted by a person without the authority of representation.

Therefore, the plaintiff's lawsuit of this case against the defendants is dismissed as it is unlawful and it is so decided as per Disposition.

유사 판례

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