The representative director of a corporation before filing a lawsuit without a special resolution of the general meeting of shareholders and quasi-deliberation grounds

Article 427 of the Civil Procedure Act does not apply to cases where a representative director of a corporation, without a special resolution of the general meeting of shareholders, files a lawsuit without obtaining the special authorization necessary for conducting procedural acts, and thus constitutes grounds for a retrial under Article 422 (1) 3 of the Civil Procedure Act. However, Article 427 of the same Act does not apply to cases where a person who does not have the power of representation does not have the power of representation.

Articles 422(1)3 and 427 of the Civil Procedure Act

South Western Regional Development Corporation

Attorney Lee Sung-soo, Counsel for the defendant-appellant

Busan District Court Decision 79Na288 delivered on December 28, 1979

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

According to the reasoning of the judgment of the court of first instance cited by the court below, the court below held that the non-party, the representative director of the plaintiff company of this case, borrowed gold KRW 10 million from the defendant and completed provisional registration for preserving the right to claim ownership transfer registration in the name of the defendant with respect to the real estate of this case owned by the plaintiff for the purpose of security purpose, and that in the case of settlement application between the defendant and Busan District Court 76Da2018 on September 13, 1976, when the plaintiff does not perform the above obligation until October 30 of the year, a compromise was made with the contents that indicate the execution of the registration procedure based on the above provisional registration, and that the compromise was made, and that the above non-party's telephone damage necessary for procedural acts without a special resolution of the general meeting of shareholders, this constitutes a ground for retrial under Article 422 (1) 3 of the Civil Procedure Act, and that the registration of this case was unlawful by the non-party's assertion that the above non-party's claim was made under the above provisional judgment No.271 of this case.

In light of the records, the decision of the court below is just, and there is no error of law such as misunderstanding of legal principles or misunderstanding of facts against the rules of evidence, and therefore the argument cannot be adopted.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jung-young (Presiding Justice)