The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is that the Defendant served as the representative of the management body of the management body of Kuwon-gu Btel in Suwon-si, and on July 27, 2017, the Defendant was dismissed by a resolution of dismissal at the temporary assembly of the management body (hereinafter “instant assembly”) and lost the qualification for the representative of the management body.

On September 29, 2017, the Defendant entered “A” in the “A” column of the “General Building Management Contract (Contract Period from October 11, 2017 to December 31, 2019)” in the “B Building Management Council Chairperson A” and affixed the official seal of the representative of the management body in advance and submitted it to the staff in charge of C (State) who is aware of the fact that the said written contract was duly formed, for the purpose of exercising the right to conclude the said office management contract.

Accordingly, for the purpose of uttering, the defendant prepared a private document concerning rights, obligations, or certification of facts, using the qualification of another person, and exercised it.

2. Determination

A. If a judgment revoking the resolution of the general meeting of shareholders of the relevant legal principles becomes final and conclusive, the representative director selected by the board of directors comprised of the directors appointed by such resolution shall retroactively lose his/her qualification.

(1) If a revocation judgment on the resolution of the general meeting of shareholders of the removal of a director becomes final and conclusive, the director dismissed by such resolution shall be retroactively restored to his/her qualification.

(see, e.g., Supreme Court Decision 2016Do15089, Nov. 29, 2018). Such a legal doctrine likewise applies to a resolution for dismissal of a managing body’s representative, as seen in this case.

B. According to the evidence duly adopted and examined by this court, E, one of the above officetels sectional owners, filed a lawsuit claiming the revocation of the instant assembly resolution against the said officetel management body representative meeting at the Suwon District Court (2018Gahap12059). On November 9, 2018, a resolution was adopted at the instant assembly on July 27, 2017.