The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. In a case to which a corporation is a party, whether a representative of the corporation has legitimate power of representation is related to the requirements for the lawsuit and thus the court is ex officio investigation. Thus, the court does not have the duty to detect the facts and evidence, which are the basic data for the

Even if the other party does not dispute the legitimacy of the power of representation based on the documents already submitted, the other party is obliged to conduct a psychological investigation even if the other party does not specifically point out it.

The same applies to the case where the party is a non-corporate body.

(2) In a lawsuit seeking confirmation of invalidity or non-existence of a resolution to elect the representative of a juristic person, an association or a foundation under the Civil Act, the representative of the organization is selected by a resolution to confirm invalidation or non-existence of the resolution. In a case where a disposition to suspend the performance of duties is taken against the representative, unless otherwise stipulated in the provisional disposition, the representative shall be excluded from all duties, including the authority to represent the organization in the lawsuit on the merits (see Supreme Court Decisions 95Da31348, Dec. 12, 1995; 2012Da41984, Sept. 13, 2012).

The plaintiff presented the complaint of this case by indicating the defendant's representative as "chairperson C" and "402 of the store of this case," and the court of first instance delivered a copy of complaint to the above service place, and as a result, C received a duplicate of complaint, and thereafter C was present at the date of first instance trial of this case and made pleadings, and prepared and submitted written answers and preparatory documents, etc., and on behalf of the defendant, it was conducted by appointing a legal representative at the court of first instance and the court of original instance.