1. Of the judgment of the court of first instance, the part on the claim for dismissal of inside directors against Defendant D is revoked, and that part is revoked.

1. In the first instance court, the Plaintiffs filed a claim against the Defendants for dismissal of Defendant D from office as director and representative director of the Defendant Company. The first instance court accepted the claim for dismissal of inside director positions with respect to Defendant D and rejected the lawsuit regarding the request for dismissal of the representative director.

In this regard, only the defendants appealed against the part against which they lost (the part of the claim to dismiss the director-general), so this court's judgment is limited to the part of the claim to dismiss the director-general in-house with respect to the defendant D.

2. Determination on the defense prior to the merits

A. The Defendants’ assertion that “Defendant D’s internal director violates the duty to comply with the law and the duty to loyalty, and thereby completing provisional registration of E in the future with respect to real estate, which is an important asset of Defendant C, without a special resolution of the general meeting of shareholders, ② completed the registration of creation of mortgage in the future of I, J, K, and L on the above real estate; ③ committed unlawful acts or misconduct, such as providing the forest land owned by the Defendant Company to G without compensation, etc.; ③ Defendant D seeks to dismiss Defendant D from the internal director of the Defendant Company as the instant lawsuit by asserting that it was against the instant lawsuit, but Defendant D is not currently in the internal director due to the expiration of its term of office; thus, the instant lawsuit is unlawful because

B. Article 386(1) of the Commercial Act provides that, in a case where a retired director is determined by law or the articles of incorporation, the rights and duties of the retired director shall be imposed until the expiration of his/her term of office or his/her resignation has been appointed by a newly appointed director. As such, the right and duties of the retired director under the above provision is limited to a case where the number of the members of the board of directors is determined by law or the articles of incorporation. Therefore, if the number of the members of the board of directors is satisfied at the time of his/her retirement, the retired director