logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2020.07.23 2020나13515
배당이의
Text

The plaintiff's appeal is dismissed in entirety.

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 citing this case is the same as the ground of the judgment of the court of first instance, except where part of the judgment is dismissed or added as set forth in the following paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420

2. The second part of the judgment of the court of first instance, which was written or added, “B” of No. 13. H was written.

The fourth to sixth directions in the judgment of the court of first instance shall be followed as follows.

“Defendant B’s dividend amount of KRW 284,107,643 should be corrected to KRW 208,028,676.” The contract to sell “Class 17 of the fourth instance judgment” shall add “the following (hereinafter referred to as “instant sales contract”).

The first instance judgment No. 18 of the first instance judgment "A" company "B" shall be written by "B".

October 18, 2018, "Act No. 1558, Oct. 18, 2017" shall apply to the first instance judgment of the court of first instance.

The 7th to 14th of the first instance judgment shall be followed by the following:

“On the other hand, the third party stipulated in the proviso of Article 548(1) of the Civil Act refers to not only a person who has a new interest before the cancellation, but also a person who has acquired full rights by registration, delivery, etc. (see, e.g., Supreme Court Decision 2005Da19156, Apr. 26, 2007). A third party in a contract for a third party does not constitute a third party under the proviso of Article 548(1) of the Civil Act that is protected at the time of cancellation of the contract (see, e.g., Supreme Court Decision 2005Da7566, 7573, Jul. 22, 2005). However, in a contract for a third party, the liquidation of the contract should be conducted between the abortion and the summary who are the party to the contract, barring any special circumstance.

arrow