A. On September 1982, 1982, the parties’ related D apartment was completed in Busan Shipping Daegu, a commercial building-type market was formed on the first floor of the above building. The above market was registered on December 30, 1982 (hereinafter “A market”) and the Plaintiff is a manager of the A market appointed pursuant to Article 24 of the Act on the Ownership and Management of Aggregate Buildings.

The Defendants, as married couple, are jointly managing the households of “F” within the A market.

B. On June 27, 2014, the “A Market Merchants’ Association” filed a lawsuit against Defendant C seeking “the payment of management expenses of KRW 34,361,350 and damages for delay thereof” (this Court Decision 2014Da14674). On January 27, 2015, a compulsory adjustment decision became final and conclusive to the effect that “the Plaintiff withdraws the lawsuit, and the Defendant agrees thereto.”

(hereinafter referred to as "prior action"). [The grounds for recognition: the absence of dispute, the entries in Gap evidence 3 through 6, Eul evidence 1 and 2 (including the paper numbers), and the whole purport of pleadings]

2. Determination on this safety defense

A. The plaintiff's assertion by the defendants is not a legitimate administrator in the A market, and there is no standing to sue, and the defendant B is not a performance obligor for the plaintiff's claim, and the lawsuit in this case is against the res judicata effect of the final and conclusive decision of compulsory mediation or against the prohibition of re-instigation after withdrawal of the lawsuit.

B. (1) Determination is based on (a) the relationship between a corporation and a director, who is the institution, 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 relationship should be terminated. However, if there is no director until the appointment of the succeeding director, the corporation, which is bound to perform an act by the institution, is placed in a situation where the normal activity cannot be discontinued. This can be seen as being when there is an imminent circumstance as stipulated in Article 691 of the Civil Act.