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(영문) 서울고등법원 2019.02.13 2018나2056993
보험에관한 소송
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is as follows. The reasoning of the judgment of the court of first instance cited or added part of the reasoning of the judgment of the court of first instance as follows. The Plaintiff’s assertion is identical to the ground of the judgment of the court of first instance, except for an additional determination as to the Plaintiff’s assertion as set forth in the following two

"18,909,524,524,718 won" shall be added to "18,909,524,718 won" for 5th six parallels in the first instance judgment.

The 17th to 15th of the 11th of the first instance judgment shall be followed as follows.

“3) Comprehensively taking account of the facts acknowledged before the absence of permission by the competent authority as disposal of fundamental property and the following facts and circumstances (see, e.g., evidence, evidence Nos. 10, 15 through 17, and evidence Nos. 5 and 6, respectively), it cannot be deemed that the standardized contract lending constitutes an act of disposal of the Plaintiff’s basic property or an alteration of the Plaintiff’s articles of incorporation permitted by the competent authority. Accordingly, this part of the Plaintiff’s assertion cannot be deemed null and void on the ground that the pertinent standardized contract lending constitutes an act of disposal of the Plaintiff’s basic property, or that the pertinent standardized contract lending constitutes an act of disposal of the Plaintiff’s basic property. Accordingly, this part of the Plaintiff’s assertion is rejected.) The Civil Act provides that matters concerning the assets of the foundation should be stated in the articles of incorporation (Article 43 and No. 40 subparag. 4 of the Civil Act) to obtain permission from the competent authority at the time of its establishment (Article 32 of the Civil Act), corresponding thereto is effective (Article 45(3).2).

Meanwhile, Article 11(3) of the Act on the Establishment and Operation of Public Interest Corporations, Article 23(3) of the Social Welfare Services Act, and Article 28(1) of the Private School Act are fundamental property of public interest corporations, social welfare corporations, and educational foundations.

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