1. The summary of the facts charged in the instant case is that the “B Building Management and Operation Committee” (hereinafter “the “Management Committee”) is the “Management Committee.”

(3) The case of applying for provisional disposition of suspending the performance of duties, which is one’s own personal use (hereinafter “the case”), is referred to as “the case of applying for the instant application” while the Defendant, elected by the chairman of the operating committee, withdraws KRW 3.3 million around March 13, 2015 while keeping management expenses on behalf of the occupants

) The embezzlement was made by using the attorney fee, etc. for the defense counsel.

2. According to the reasoning of the lower judgment, the lower court determined that: (a) in light of the following: (i) the instant application case and the instant case of nullification of invalidation of an election instituted against the instant Steering Committee (hereinafter “instant case”), the litigation brought to substantially nullify the election of the Defendant; (ii) the decision was rendered to suspend the performance of duties of the Defendant in the instant case; and (iii) the decision was rendered to confirm that the election of the Defendant as the Chairperson of the Operation Committee (hereinafter “instant election”) was invalid; and (b) the decision was issued by the first instance court to suspend the performance of duties of the Defendant; and (iii) the appointment of the Acting Director after the decision to suspend the performance of duties of the Defendant was issued and the appointment of the Acting Director would not interfere with the performance of duties

3. However, we cannot accept the above determination by the court below for the following reasons.

In case where an application for provisional disposition against a director of a corporation is accepted, it is clear that the performance of duties by the director who performs the duties of the corporation concerned will substantially interfere with the corporation's performance of duties. Thus, the corporation concerned needs to file an objection against the above provisional disposition, unless there is no room for dispute because the absence of the director's qualification is objectively apparent, and such objection is not required.