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김재범 대구대학교 법과대학 2001 대구법학 Vol.4 No.-
The Legal principles about the entity of preincorporation aims to move the legal relations which occurred during incorporation to the incorporated corporation. Its purpose is readjustment of interests between the prevention of corporate capital shortage and the third party who dealt with promoter. In the majority opinion-of course court-. the entity of preincorporation begins at the point that at least a share is subscripted by promoter. Afterward the legal relations between third party and promoter are transferred to incorporated corporation without a special ratification of incorporated corporation. However I think that the starting point of time when the entity begins is not important. The Point is that what content the contract between third party and promoter has, what reliance the third party has on contract, what form of contract was chosen and whether the contract will damage the incorporated corporation. Court has grounded on the foregoing starting point of the entity, but these rulings won't come to a reasonable conclusion. It is desirable that the content and form of contract. reliance of third party be considered. instead of appling the starting point of the entity.