An interested person who may apply for the appointment of a temporary director under Article 63 of the Civil Act;

An interested person who can apply for the selection and appointment of a provisional director under Article 63 of the Civil Act includes a person who has a legal interest in the appointment of a provisional director, that is, another director's creditor, etc. of the principal of the case. Therefore, a person who was a retired director of the principal of the case, or a director on the registry of the principal of the case at the time of the application of this case, who was in charge of the affairs of the principal of the case, shall be an

Attorney Kim Tae-hwan et al.

Other 1 et al.

The Institute of Education, the Incorporated Foundation

Seoul High Court Order 76Ra53 dated August 12, 1976

The reappeal is dismissed.

Re-Appellant's ground of reappeal

According to the reasoning of the original decision, the court below recognized that the term of office of the director of the corporation concerned is two years, and the above director of the corporation concerned is Kim Tae-hwan, who is a director registered as of November 21, 1969 (the re-appeal of this case, as the representative authority of the corporation concerned), and only the director of the above corporation is the last director of August 1, 1970 who is the director of the re-appellant, and the director Kim Jong-sung, Lee Jong-chul, Lee Jong-dae, and Yang-dae will be registered as the 9th expiration of the pertinent year as the 19th director, and the 19th director's resignation registration as of February 12, 1970 was made at the 19th meeting of the board of directors of the corporation concerned, and it is also justifiable that the above 19th director's resignation registration as of December 11, 197 and the above 19th director's resignation registration as the 19th director's new director.

Therefore, the court below's authority to recognize the vacancy of directors of the corporation in the case and determine whether to appoint temporary directors at the request of the re-appellant is in fact under the authority of the court below, which is the court of the first instance, and comparing the records, it shall be deemed that there was a vacancy of directors in the corporation concerned, and that there is a special circumstance that it is inappropriate to allow directors of the corporation concerned to exercise the rights and duties of the corporation as directors, but the above previous directors are deemed inappropriate to do so, and it is deemed that there is a concern that if the assets of the corporation concerned were lost by illegal means, it would cause damage to the corporation concerned, and it is necessary to urgently preserve them through civil litigation, etc. Thus, it is not necessary to appoint temporary directors of the corporation concerned, and it is justified for the court below's decision that supported the first instance court's decision that appointed temporary directors of the non-party 14 and the above non-party 2, as well as the above non-party 2, as well as the above non-party 2, and it shall not be justified as it is justified.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)