Cases where the requirements of provisional disposition are not estimated;

The Re-Appellant, who is one of the directors of an incorporated foundation, has no legal grounds for filing a lawsuit on the merits (criminal litigation) for the suspension of the performance of duties by the chief director and other directors and for the provisional disposition of the appointment of an agent for the performance of duties, and so long as the relationship of rights to be preserved by the provisional disposition cannot be deemed to exist due to the provisional disposition, the application for provisional disposition on the merits of the Re-Appellant shall not be dismissed as it is illegal

Article 714(2) of the Civil Procedure Act

Re-appellant

Other 1 and 5 others

Seoul High Court Order 66Ra19 dated May 5, 1966

The reappeal is dismissed.

Under the premise that the court below may bring an action for the formation of a change in the existing legal relations only where it is especially stipulated in the law, the re-appellant is entitled to bring an action for the dismissal of other directors on the ground that there are many illegalitys in the operation of the foundation corporation and the director and other directors. Thus, the re-appellant's action for the suspension of the performance of director's duties and the action for the provisional disposition for the appointment of an agent for performing duties is not a legal basis to bring an action for the dismissal of other directors. Thus, as long as there is no legal relationship to be preserved by the provisional disposition in this case, the application for provisional disposition cannot be dismissed as it does not satisfy the requirements of provisional disposition. Thus, the court below affirmed the first instance court's decision dismissing the application for provisional disposition as the same opinion and maintained it. It is without merit to criticize the judgment of the court of first instance that dismissed the application for provisional disposition as a result of the above opinion. It is not reasonable to see the premise that the majority of directors of the foundation corporation can claim dismissal of a small number of directors on the ground of misconducts.

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

[Judgment of the Supreme Court (Presiding Judge) Da-dong and Do-dong, both of which are sent to the Supreme Court