[2] Whether a director of a corporation whose term of office expires or resigned can continue to perform his duties until the appointment of a new director

[3] The case affirming the judgment of the court below which held that the convening of a general meeting conducted by the resigned reconstruction association pursuant to the articles of association without the approval of the modification of the president of the association or the appointment of an acting representative

[2] The relationship between a corporation and its director under the Civil Act is the same as the legal relationship between the delegating and the delegated person, and thus, once the term of office of the director expires, the delegated relation should be terminated. However, if there is no director until the appointment and appointment of the succeeding director, the corporation is bound to act by the agency. If there is no director, the corporation is placed in a situation where the normal activity of the party head cannot be discontinued, and this can be seen as the case when there is an urgent circumstance under Article 691 of the Civil Act. Thus, even if the term of office expires or the resignation is a director, the corporation may continue to perform its duties until the new director is appointed,

[3] The case affirming the judgment of the court below which held that the convening of a general meeting was lawful under the provisions of the articles of association without the approval of the modification of the president of the association or the appointment of an acting representative

1. On the first ground for appeal

A. An applicant association is a reconstruction association established under the Housing Construction Promotion Act and constitutes an unincorporated association under the Civil Act (see Supreme Court Decision 92Da36052, Jun. 28, 1994; Supreme Court Decision 93Da23862, Feb. 3, 1995). According to the records, Article 11 of the articles of association of the association provides that the applicant association shall have one president, not more than seven directors, and one auditor shall be appointed from among its members until the completion date of the general meeting; the assistant director of the association shall serve as the remainder of the term of office of the applicant for the association; Article 12 of the Civil Act provides that the head of the association shall represent the association and preside over its affairs; the head of the association and the president of the association shall be the chairperson of the association and the head of the association shall not be required to convene an extraordinary general meeting, and the head of the association shall not be required to convene a new general meeting or the head of the association to convene an extraordinary general meeting, unless otherwise stipulated in the articles of association.

B. According to the reasoning of the judgment below, the applicant cooperative was authorized to establish the above association on Nov. 6, 191, but it was before and after it was decided that the non-party 1 and the non-party 2 were not entitled to convene the above general meeting with the consent of the head of the association on Apr. 13, 1992, and the non-party 1 and the non-party 1 were not entitled to convene the above general meeting on Nov. 6, 1991. The non-party 1 and the non-party 2 were not entitled to convene the above general meeting on Nov. 9, 191. The non-party 1 and the non-party 9 were not entitled to convene the above general meeting on the grounds that the non-party 1 and the non-party 1 and the non-party 2 were not entitled to convene the above general meeting on the grounds that the non-party 1 and the non-party 1 and the non-party 1 were not entitled to convene the above general meeting on the grounds that the non-party 1 and the non-party 1 and the above were still required to convene the above.

2. On the second and third grounds for appeal

Examining the reasoning of the judgment below in light of the records, the court below is just in holding that there is a need for preservation right and preservation of the case for reasons as stated in its reasoning, and there is no error of law in the misapprehension of legal principles as to the right to preservation and the necessity of preservation in a preservation lawsuit, as otherwise alleged in the ground of appeal. The grounds of appeal pointing

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the appellant. It is so decided as per Disposition by the assent of all Justices who reviewed the appeal.

Justices Park Jong-chul (Presiding Justice)