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(영문) 인천지방법원부천지원 2017.08.11 2017가합185
공탁물 출급청구권 양도의사표시 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. In a case where an ex officio judgment on the legitimacy of the lawsuit in this case is a party to the legal entity, whether the legal representative has legitimate power to represent the legal entity's representative is a requirement for the lawsuit, and thus, it is an ex officio investigation by the court. Thus, the court has no duty to detect the facts

Even if the other party does not dispute the legitimacy of the power of representation based on the documents already submitted, it is obligated to examine and investigate the documents even if the other party does not specifically point out it.

(1) In light of the legal principles as to whether C has the authority to represent the defendant under the above legal principles, and the overall purport of pleadings as to whether C has the authority to represent the defendant under subparagraph 3, the following facts are acknowledged: (a) even though C had taken office as the head of the defendant partnership on October 31, 2012; and (b) comprehensively taking account of the overall purport of pleadings in the evidence No. 5 and evidence No. 12, the entire purport of pleadings in the defendant’s corporate register, the fact that C has been recorded as the head of the association up to the date of taking office as the head of the association on October 31, 2012; (c) on June 30, 2014, in full view of the purport of arguments No. 5 and evidence No. 12, C had been recommended to resign from the defendant on June 13, 2014; and (d) the Plaintiff cannot be deemed as having the authority to represent the head of the association orally on June 13, 2014.

Therefore, the lawsuit of this case filed by indicating C without the power of representation as the defendant is unlawful.

2.

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