A. The Plaintiff was established for the purpose of implementing a housing reconstruction project for the members of Ansan-si Seoul District Government, and was authorized to establish an association from the Ansan-si mayor on July 24, 2009.

B. On August 23, 2016, the Defendant was appointed as the president of the Plaintiff’s association. On April 19, 2017, the Defendant was dismissed by a dismissal resolution adopted at the Plaintiff’s extraordinary general meeting (hereinafter “instant dismissal resolution”). The grounds for dismissal recorded in the minutes of the extraordinary general meeting are as follows.

On January 19, 2017, the defendant, while neglecting his duties, prepared a written agreement with the contents favorable to ten commercial owners, and handled it by the board of directors to cause financial loss to 447 members who own multi-family housing among all 457 members. Therefore, the defendant neglected the duty of due care of a good manager, trying to observe the management and disposition plan plan plan only for commercial buildings without the fair distribution of the members' properties, and forfeited trust from the majority of the members by neglecting his duties constitutes a violation of the relevant statutes and the plaintiff's articles of incorporation.

C. Even after the instant resolution of dismissal, the Defendant intended to perform the duties of the president of the partnership, and the Plaintiff’s members D, and E filed an application for provisional disposition seeking suspension of the performance of duties and appointment of proxy against the Defendant (Article 2017Kahap14, hereinafter “provisional disposition”). The first instance court of the instant provisional disposition case dismissed the application for provisional disposition on June 29, 2017, but the appellate court revoked the first instance court’s decision on November 7, 2017, and rejected the Defendant’s execution of duties until the Plaintiff’s association head is declared as the non-existence of the Plaintiff’s partnership status.

(Seoul High Court 2017Ra329). Chapter IV executive officers, etc. (3) The term of office of executive officers shall be two years, but they may be reappointed after a resolution of the general meeting.

Provided, That an officer whose term of office expires shall be appointed as his successor.