제명결의무효확인
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. In the first instance court’s judgment, the Plaintiff sought confirmation of the invalidity of the expulsion disposition against the Plaintiff at an extraordinary general meeting held by the Defendant on May 7, 2015, and on May 11, 2015, the Plaintiff sought confirmation of the invalidity of the expulsion disposition against the Plaintiff. The first instance court dismissed the part of the lawsuit regarding the expulsion disposition as of May 11, 2015, and accepted the claim for the expulsion resolution as of May 7, 2015.
Since only the defendant appealed against this part of the lost part, this Court's decision is limited to the claim for confirmation of invalidity of the resolution of expulsion on May 7, 2015.
2. Basic facts
A. The parties concerned are unions established in order to promote the common interest of members by acquiring commercial shares in land supplied as part of living measures from persons subject to living measures relating to the project for the development of the Songpa-gu Seoul Metropolitan City Urban Development Project District, Songpa-gu C Office, which is implemented by the EP Corporation. The plaintiff is a member of the defendant association.
B. On June 20, 2014, the Defendant Union submitted a written resolution to the general meeting and the dispositive general meeting and the Plaintiff on June 20, 2014 (1) The Defendant Union shall be the general meeting and the dispositive general meeting on June 20, 2014 (hereinafter “instant-related general meeting”).
(F) open a meeting to delegate the authority to revise a project plan, select a partner, determine remuneration, etc., to the board of directors of the association, and the ownership of the land of the association to F Co., Ltd.
(2) On June 18, 2014, prior to the opening of the relevant general meeting of the instant case, the Plaintiff confirmed a project implementation plan with the purport that: (a) the Defendant Union and F, prior to the opening of the instant general meeting, transferred the right to land ownership to F; (b) the Defendant Union’s members transferred the right to land ownership to F; and (c) the expenses incurred in overall implementation at the time of the settlement of accounts based on the size of the land supplied by all union members as to the area of all union members’ daily living, deducted the expenses incurred in the settlement of accounts; and (d)