The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Even if the term of office of all or some of the directors of a corporation has expired or resigned, the appointment of the successor director has not been made, or the appointment of the successor director has been made, such resolution is null and void, and if the remaining directors cannot act as a normal corporation only with other directors, unless there are special circumstances to deem that it is inappropriate to allow the former director who has resigned or expired to act as a director to act as a corporation, the former director may carry out the previous duties until the latter director is appointed;

Where the former director can perform his/her former duties until his/her term expires or withdraws from office is appointed, the former director shall be dismissed as part of his/her duties, or there is a legal interest in seeking confirmation of invalidity by asserting defects in the resolution of the board of directors appointed by the latter director. However, if there are special circumstances where it is deemed inappropriate for the former director to perform his/her duties as a corporation, it is unlawful as there is no benefit in confirmation of nullity by the resolution of the board of directors

(2) On March 25, 2005, the plaintiff sought confirmation of absence of the resolution of board of directors concerning the dismissal of the director representative director and the appointment of the director representative of the defendant corporation on April 8, 2009 as the primary claim by the plaintiff on March 25, 2005 (see Supreme Court Decision 2004Da65336, Mar. 25, 2005). The defendant raised a safety defense to the effect that "the plaintiff resigneds from office of the defendant corporation, and there is no party to seek confirmation of absence, and as the plaintiff is the contributor of the defendant corporation, it is inappropriate to perform the duties of the director,

The lower court.