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(영문) 서울고등법원 2016.04.12 2015나2048236
소유권확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against B (C) who is represented by the Plaintiff.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the case where the part of the judgment on the plaintiff's argument presented between the 7th judgment of the court of first instance and the 12th judgment and the 6th judgment of the court of first instance (the plaintiff withdraws his previous argument in the application form for change of the cause of claim on March 8, 2016) and the 12th judgment "C" are as stated in the judgment of the court of first instance, and thus, it is identical to the entry of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[A] The Plaintiff’s joint meeting of May 1, 2012 and the meeting of May 22, 2012, each of the resolutions to appoint Z as directors and president was confirmed to be null and void respectively in Seoul Central District Court Decision 2013Gahap6524. The above Seoul High Court Decision 2014Na29140 decided that P, who was the former president of the Plaintiff, can perform the former duties until he/she is newly appointed by the former president. However, P also was detained by the Seoul Central District Court on April 9, 2014 for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) against the Act on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and that B, who was the vice president of the Plaintiff, had the authority of the acting president. Accordingly, the lawsuit of this case raised by the Plaintiff is legitimate.

The following circumstances, i.e., the Seoul High Court’s order of provisional disposition 2013Ra10, which is recognized by the purport of each entry and the entire pleadings, shall suspend the performance of duties, such as the president, but the latter president, etc. shall be appointed on the grounds that there are no special circumstances deemed inappropriate for the former president to perform his/her duties.

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