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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The court's explanation on this part of the facts of recognition is the same as the reasoning of the judgment of the first instance except for the addition of "No. 16" to the corresponding part of the judgment of the first instance. Thus, this part of the court's explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. On behalf of the Plaintiff Company, on July 16, 2013, Plaintiff C entered into a superficies contract with Defendant C for a duration of 30 years as to each of the lands listed in the separate sheet Nos. 1 through (3) and completed the registration of creation of superficies on July 17, 2013. On September 25, 2014, Defendant C sold each of the real estate listed in the separate sheet No. 3 in the separate sheet No. 3, and on the same day, Defendant B completed the registration of creation of superficies on September 25, 2014 (hereinafter “each of the dispositions in this case”). Since the registration of transfer of ownership in the above Defendant B’s name and the registration of creation of superficies under the name of Defendant C was completed for the following reasons, Defendant C and Defendant D, who completed the registration of creation of superficies on September 25, 2014, are liable to separately cancel each of the above registration of creation of superficies.
1) Each of the real estate listed in the separate sheet is a major and only business asset of the Plaintiff Company and its transfer results in the discontinuation of the whole or part of its business. Therefore, Article 374(1)1 of the Commercial Act constitutes a special resolution of the general meeting of shareholders under Article 434 of the Commercial Act, and therefore K disposes of the above real estate without a special resolution of the general meeting of shareholders. Therefore, K is entitled to represent the Plaintiff Company.