1. The defendant's case where Busan District Court 2015Kahap1003 provisional disposition against the defendant's plaintiffs is a provisional disposition prohibiting business obstruction.

1. Basic facts

A. D hotel (hereinafter “instant hotel”) is a hotel operated by sectional owners who have sold guest rooms to individuals, and each of them has purchased guest rooms by entrusting their management to a hotel operating corporation.

B. On February 25, 2004, the Defendant, a corporation established for the operation of the hotel of this case, concluded an asset management entrustment agreement with the sectional owners of the hotel of this case, and provided guest rooms as accommodation facilities for a certain period, paid the remainder of the revenues, excluding expenses and fees necessary for the operation of the hotel, to the sectional owners.

C. On August 21, 2013, the Defendant’s president E, representative director F, and director G embezzled the operating earnings of the instant hotel, the Defendant was indicted on August 21, 2013 as Busan District Court’s Dong Branch 2013Rahap149, which became final and conclusive on May 24, 2016.

The plaintiffs are the co-owners of the hotel of this case who expressed the defendant's intent of opposing the operation of the hotel on the grounds of the defendant's embezzlement, etc. of officers.

E. On September 14, 2013, Plaintiff A was appointed as the manager of the hotel of this case with the support of the sectional owners on the part of the “Federation of Airport Owners,” but the opposing sectional owners filed a lawsuit against the instant hotel management body seeking confirmation of the absence of a resolution to appoint Plaintiff A as the manager of the Busan District Court No. 2014Gahap41905.

On September 17, 2014, the above court rendered a judgment to confirm the absence of a resolution of appointment on the ground that there is a serious defect in the procedure and method of convening the above resolution of appointment.

F. On December 24, 2014 and January 5, 2015, the 196 sectional owners’ federation of guest room owners notified the Defendant of the termination of the asset management entrustment and asset lease agreement with the Defendant as the representative of the Plaintiffs. At that time, a mutual agreement on asset management with the loan Korea Co., Ltd. was concluded.