(a) Person having the right to apply for suspension of execution of duties and cancellation of provisional disposition of appointment of acting representative due to change of circumstances;

(b)the existence of changes in circumstances where the term of office of a person whose performance of duties has been suspended by a provisional disposition under paragraph (a) has expired and his successor is appointed;

(a) In case of a provisional disposition in which a representative of an organization such as a corporation has suspended the execution of duties as a respondent and an acting representative has been appointed, if any subsequent change has occurred, the representative whose execution of duties has been suspended due to such provisional disposition may apply for the cancellation of such provisional disposition, and even if the term of office of the said representative has expired and the new representative has been appointed, as long as such provisional disposition exists, he may apply for the cancellation thereof; and

B. If the term of office of the representative whose execution of duties has been suspended after the provisional disposition decision under paragraph (1) expires, and the new representative has been appointed, barring special circumstances such as the appointment of the new representative, the representative whose execution of duties has been suspended will not be likely to continuously cause damage to the said organization which would be difficult to recover from the said organization, and thus, the above provisional disposition decision may no longer be deemed to have changed in circumstances that need to maintain

Civil Procedure Act (Article 706(1))

Attorney Hwang Il-il, Counsel for defendant-appellant

[Judgment of the court below] Defendant 1 and 1 other

Seoul High Court Decision 94Ka431 delivered on October 18, 1994

The appeal is dismissed.

The costs of appeal shall be assessed against the respondent.

We examine the grounds of appeal.

1. On the first ground for appeal

Where there is a provisional disposition to suspend the execution of duties of a representative of an organization such as a corporation and appoint an acting representative as a respondent, if there is a change of circumstances thereafter, the representative whose execution of duties has been suspended by such provisional disposition can apply for cancellation of such provisional disposition, and even if the representative is newly appointed after the expiration of his term of office, he can apply for cancellation as the representative whose execution of duties has been suspended as long as such provisional disposition exists.

In this case where the respondent suspends the applicant's performance of duties as the chairperson of the management body meeting of the ○○ building and appoints its acting director in the provisional disposition case against the applicant, the court below's rejection of the respondent's assertion that the applicant can only apply for the revocation of the provisional disposition and that the acting director is not entitled to apply for the revocation of the provisional disposition is just based on the above opinion, and there is no error of law by misunderstanding the legal principles as to the authority of the applicant and the acting director, such as the theory of lawsuit, and the precedents pointing out the theory of lawsuit are not appropriate in this case. The argument is without merit.

2. On the second ground for appeal

As determined by the court below, if the applicant's term of office as the chairperson of the above managing body's meeting expires after the above provisional disposition decision was issued and the applicant was newly appointed as the chairperson of the above managing body's meeting on the grounds as stated in its reasoning, barring special circumstances such as that the appointment of the new chairperson is invalid, the applicant does not have the possibility of continuing to perform his duties as the chairperson of the above managing body's meeting to inflict any damage which is difficult to recover from the above managing body's meeting. Therefore, the above provisional disposition decision does not need to be maintained any longer. Therefore, the court below's revocation of the above provisional disposition order is just, and there

In addition, since the court below does not judge that the respondent has changed the circumstances on the ground that the respondent did not file a lawsuit on the merits, it can not be seen as having discussed whether the failure to institute a lawsuit on the merits constitutes a change of circumstances, and the precedents pointing out the lawsuit cannot be seen as appropriate in this case. There is no reason for this issue.

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-sik (Presiding Justice)