2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

A. The number of 1,69.6 square meters in Gyeyang-gu, Ansan-gu, Ansan-si (number 1 omitted), 1,699.6 square meters in the same (number 2 omitted), 3,094.9 square meters in the same (number 2 omitted), 3,120.9 square meters in total on the same (number 3 omitted), 7,915.4 square meters in the same (hereinafter “the apartment of this case”) consists of 250 households. The Plaintiff and the designated parties are part of the apartment of this case.

B. On November 20, 200, around the instant apartment owners, the reconstruction promotion committee called the “tentative name” (hereinafter “instant promotion committee”) was organized, focusing on the instant apartment owners, around November 20, 200. The instant promotion committee received written consent from the instant apartment owners, the association regulations, business plans, and the consent to select representatives, while obtaining consent related to reconstruction from the owners of new apartment near the instant apartment.

C. On September 27, 2001, the instant promotion committee held an inaugural general meeting and passed a rebuilding resolution under the Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter “the Aggregate Buildings Act”) and the Housing Construction Promotion Act (amended by Act No. 6732, Aug. 26, 2002; hereinafter “the Jeju Promotion Act”) while 146 of the sectional owners of the instant apartment building among the 250 households of the instant apartment building (125 sectional owners in direct attendance and 21 sectional owners who exercise their voting rights in writing). The major contents related to the reconstruction project are as follows.

1) Business plan (Evidence A No. 13)

Ⅰ. Project outline;

(1) Existing status.

1. Site location: 25 parcels outside the limit of 25 parcels, Dongyang-gu, Ansan-gu, Gyeonggi-do (number 4 omitted); and

2. Site area: 17,445 square meters (5,277.16 square meters) and the site area for actual use: 4,894 square meters;

4. Existing status (the quotation of related marks shall be omitted, and a summary shall be stated only): Total number of partners 362.

Dog apartment (three parcels, the number of members, 250), new apartment (one parcel, the number of members, 60), the Gwanak-si Market (one parcel, the number of members, and the number of members);

(i) Dong Do freg (iv), Dong freg (20) (number of members), Gyeong Dog (1 parcel, number of members 8), Samung (1 parcel, number of members 8);

Multi-household housing (13 lots, number of its members 13), commercial housing (1 lot, number of its members 1), and one parcel and complex in a lot and complex;

Roads

(2) A building plan.

Site Location: 25 lots outside the 25 lots, Dongyang-dong (number 4 omitted) in Gyeyang-gu, Gyeyang-gu, Gyeonggi-do.

Site area: 16,474.95 square meters (4,894 square meters)

Building floor area: 67,159.14 square meters (20,315.64 square meters), underground 3,892 square meters, ground 16,423 square meters;

Building size: Apartment (the basement, the 25th floor above the ground), commercial buildings (the 3rd floor above the ground), and other (welfare facilities, management office, etc.);

Security room, elderly living room, etc.)

(3) The number of households in each complex (total of 630 households).

1 complex 358 households (24 square-type 268 households, 31 square-type 90 households), 272 complexes (24 square-type 242 households, 31 square-type 30 households)

2) Rules of the reconstruction association (No. 10)

Article 1 (Name)

This association is a consolidated reconstruction association of native forest apartments.

Article 4 (Enforcement Zone)

The aggregate area of a building site shall be 16,474.95 square meters (4,894 square meters) as a complex on the 25 parcel outside the 25 parcel of Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Gyeonggi-do: Provided, That where there is an additional land, etc. to be incorporated in accordance with the relevant statutes and regulations as it is deemed inevitable for the implementation of the project, the total area of the building site may be increased or decreased by the project implementation area and the site area.

Article 8 (Qualification for Membership, etc.)

(1) The association members shall be the owners of welfare facilities, such as old and poor housing or commercial buildings, within the project implementation district (the relevant housing and commercial buildings).

A person who has consented to a rebuilding resolution shall be included in the site attached to welfare facilities, such as others: Provided, That a rebuilding resolution shall be made.

At the time, however, consent is not given at the time but is given before the application for approval for the invitation of occupants;

section 1.

Article 10 (Loss of Eligibility for Membership)

(4) A member may withdraw from a meeting by a representative, if unavoidable circumstances arise to him/her.

Article 21 (Resolutions by Board of Representatives)

3. Other matters prescribed by the regulations.

Article 22 (Method of Resolution by Board of Representatives)

(1) A board of representatives shall open with attendance of a majority of delegates, and pass a resolution with the consent of a majority of delegates present, and when the numbers of votes of approval and disapproval are the same, the chairperson shall exercise his/her right to decision thereon: Provided, That a resolution of a general meeting in lieu of a resolution pursuant to the provisions of Article 19 (5) shall be resolved

D. The promotion committee of this case was implemented on July 1, 2003, and the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”). On October 8, 2003, pursuant to the relevant provisions of the Urban and Residential Environment Improvement Act, 235 members agreed to the reconstruction project among the sectional owners of the apartment of this case, the applicant was "Yan apartment housing reconstruction maintenance and improvement project association (tentative name)", and the project implementation potential zone was applied for authorization to establish the housing reconstruction and improvement project association, which stated the project implementation potential zone as the site of this case as the site of this case, and was subject to the approval to establish the association from the Ansan market on October 18, 2003. The defendant completed the registration to establish the housing reconstruction and improvement project association on November 19, 2003.

E. On August 11, 2005, the Defendant held an ordinary general meeting of partners and resolved on the amendment of the business plan and business regulations and the amendment of the articles of incorporation of the association with the consent of 169 members while 209 members present (including 175 members who submitted a written resolution). On March 28, 2006, the Defendant obtained the authorization for the alteration of the Housing Reconstruction Association consisting of 247 members from the Ansan Market.

F. On July 18, 2006, the Plaintiff and the designated parties sent content-certified mail to the Defendant that they would withdraw from the Defendant association because the housing reconstruction project is under way, unlike the written consent of the rebuilding resolution submitted by the Defendant, and the project implementation district is likely to reduce only the site of the instant apartment, and may cause losses due to the implementation of the project.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2, 6, 7, 10, 13, 14, 16, 19, and the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The defendant union's assertion

A rebuilding resolution is merely a necessary requirement for a disposition to authorize the establishment of a housing reconstruction and improvement project association, and thus disputing its defects ought to seek confirmation or revocation of a disposition to authorize the establishment of a partnership through an appeal litigation. Even if the Plaintiff seeks to confirm that the Plaintiff is not a member of a non-corporate association under the Civil Act, it is not the most effective and appropriate means to seek confirmation of non-existence of a membership status without following the confirmation or revocation of a disposition to authorize the establishment of a partnership or the lawsuit seeking confirmation of invalidity or revocation of a disposition to authorize the establishment of a partnership.

B. Determination

In order to achieve the purpose of a reconstruction project promoted by an association as prescribed by the regulations of the association concerned, a person who becomes a partner by consenting to reconstruction shall bear the duty to transfer the existing housing and land owned in the project area to the association for the purpose of trust and have the right to purchase new housing in response thereto (see Supreme Court Decision 2008Da90347, Jan. 28, 2010, etc.).

As a member of the Defendant Union, both the Plaintiff and the designated parties who are obligated to transfer the existing house and land to the Defendant Union have the interest in the lawsuit seeking confirmation of the absence of the status of the Defendant Union members in order to eliminate the present risk and apprehensions in the rights or legal status. The defense prior to the merits of the

3. The plaintiff's assertion and judgment

A. The plaintiff's assertion

The plaintiff and the designated parties are not members of the defendant association for the following reasons.

1) The Defendant Union received majority of rebuilding consent in respect of the sectional owners, such as the surrounding apartment that the instant promotion committee promoted the establishment of a reconstruction association, or obtained consent to the establishment of the association from the sectional owners, including the Plaintiff by verbal abuse, etc.

2) On September 27, 2001, the inaugural general meeting held on September 27, 2001 was intended for 362 sectional owners in the area prearranged for the integrated project implementation of the apartment reconstruction association consisting of the initial “tentative name” (including Rara, Dong, Gyeong, Ho, Pung, Pung, Housing, Market), and 362 of the sectional owners in the area prearranged for the implementation of the project. In fact, even though the majority of sectional owners did not appear and did not reach

B. Determination

1) Whether the Defendant’s association is effective

A) Article 44(2) of the Jeju Promotion Act provides that the method and procedure for the establishment of a housing association, the qualification standards for the members of a housing association, and matters necessary for the operation and management of a housing association shall be prescribed by Presidential Decree. Article 42(2) proviso and 2 of the Enforcement Decree of the Jeju Promotion Act (wholly amended by Presidential Decree No. 17793, Dec. 5, 2002) provides that the housing association may be composed of not less than 20 members in cases where a housing association is reconstructed for old and inferior apartment houses and constructs 20 or more households.

B) A reconstruction association established under the Jeju Promotion Act shall apply mutatis mutandis in principle to a non-corporate association under the Civil Act except for the provisions premised on corporate personality among the provisions concerning a non-corporate association (see Supreme Court Decision 95Da56866, Oct. 25, 1996). A general meeting of a cooperative shall make a resolution valid pursuant to Article 75(1) of the Civil Act by the majority of its members present and by the majority of the voting rights of the present members. In this case, the number of members for calculating the quorum shall be calculated as members of the reconstruction association, not all sectional owners within the district subject to the reconstruction project that is qualified as its members, but only those sectional owners who expressed their intent to join the association with consent to the reconstruction. Even if the number of members of the reconstruction association at the time of the establishment of the reconstruction association falls short of the majority of the total number of sectional owners, it is possible for other sectional owners to establish the reconstruction association with the substance of the non-corporate association with consent to the association regulations, etc., so the quorum at the inaugural general meeting of the reconstruction association shall not reach the majority (see Supreme Court Decision 295Da52965, Feb.

C) In light of the following circumstances, the Defendant Union was established as an unincorporated association, and the Plaintiff and the designated parties are members of the Defendant Union.

① The instant promotion committee received a written consent for reconstruction against the instant apartment buildings, new apartment buildings, bad faith apartment buildings, village-building, rain loan, trine housing, multi-household housing, and divided owners of commercial housing located on the size of 16,474.95 square meters, located in Ansan-gu, Ansan-gu, Ansan-gu, 25 square meters. On September 27, 2001, the instant promotion committee, which held the instant promotion committee, obtained a written consent for reconstruction against 146 persons holding the instant apartment buildings, who agreed to establish the association at its inaugural general meeting, for whom 146 persons holding the instant apartment buildings, who agreed to establish the association, were elected as the president of the association and executive officers, and who were non-corporate associations.

② The Plaintiff and the designated parties or other sectional owners of the instant apartment were members of the instant association by attending the inaugural general meeting, consenting to reconstruction, or consenting to reconstruction after the establishment of the Defendant association. It is difficult to view that the Defendant association was subjected to deception or coercion in the process, and there was no intention of revocation for such reason.

2) Whether the declaration of withdrawal made by the Plaintiff and the designated parties against the Defendant Union is valid

A) Members of a reconstruction association which has obtained authorization for establishment may not withdraw from the association at will unless there is any inevitable reason (see Supreme Court Decision 96Da23887, May 30, 1997). In the case of a reconstruction association which has not yet obtained authorization for establishment, members may withdraw from the association at will unless there is a provision that does not permit the withdrawal of association members under the articles of association, etc. (see Supreme Court Decision 2000Da20052, Oct. 27, 200). Meanwhile, Article 10(4) of the rules of the defendant reconstruction association provides that members of the association may withdraw from the association by a resolution of representatives where inevitable reasons arise to themselves.

B) On October 18, 2003, the Defendant Cooperative received a disposition to establish an association from the Ansan market, and thereafter, on August 11, 2005, held a general meeting of members and passed a resolution to revise the business plan and operational rules and the amendment of the articles of association, respectively, with the consent of 169 members, who are the sectional owners of the apartment of this case, in the presence of 209 members.

The eligibility to become a member of a reconstruction association is a person who consented to reconstruction among sectional owners in a zone subject to a reconstruction project and expressed his/her intent to join the association. Thus, solely on the fact that the reconstruction project implementation zone promoted by the defendant association was changed as above, there is no inevitable circumstance to withdraw from the association to the plaintiff and the designated persons who are sectional owners of the apartment of this case. There is no resolution of a representative meeting on withdrawal. The plaintiff and the designated persons are still members of the defendant association.

4. Conclusion

The plaintiff's claim is without merit. The plaintiff's appeal is dismissed.

[Attachment List of Appointeds, Omission of Related Acts and Subordinate Statutes]

Judges Kim Jong-dae (Presiding Judge)

1) The site location where the above reconstruction project was promoted was used in combination with the name, “Yyang-gu 25, Gyeyang-gu, Mayang-gu, Mayang-gu, 16,474.95 square meters,” “16,474.95 square meters,” and the existing status of “the apartment of this case, new apartment, new apartment, Gwanak-gu, Mandong-gu, Mandong-gu, Mandong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Magdong-gu, Mag