1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

1. Basic facts

A. The Plaintiff is a management body established by consisting of sectional owners in building A, which is an aggregate building of the size of the 6th ground level above the 1st ground level in Ansan-si. The Defendant is the lessee of the above 3th floor.

B. At the Plaintiff’s extraordinary general meeting held on November 19, 2006, C was elected as a manager. At the time, the term of office of executive officers, including the president, was set by the articles of incorporation for one year.

C. After the above extraordinary general meeting, no new administrator has been elected.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 2, the purport of the whole pleadings

2. We examine whether the lawsuit of this case is legitimate, first of all, the plaintiff's representative and C's eligibility to file the lawsuit of this case.

In principle, the relationship between a corporation and a director, who is an institution, is the same as the legal relationship between the delegating and the delegated person, and when the term of office of the director expires, the delegation relationship should be terminated once, but if there is no director until the appointment of the succeeding director, the corporation is bound to act by the institution, which is placed in a situation where the normal operation of the party would not be discontinued, and this can be seen as being when there is an urgent reason under Article 691 of the Civil Act. Thus, even if the director is terminated or resigned, unless there are special circumstances to deem it inappropriate to perform his/her duties, he/she may continue to perform his/her duties to the extent necessary to resolve such imminent situation, and such legal principle also

(see, e.g., Supreme Court Decision 2007Da6307, Jun. 15, 2007). However, it is limited to cases where the previous representative whose term of office expires needs to be recognized as having the authority to perform duties until his/her successor

Even if the representative's authority to perform his/her duties has expired, to address urgent circumstances.