조합장 지위 부존재 확인
1. All of the plaintiff D and C's primary and conjunctive claims shall be dismissed.
2. The plaintiff A and B's primary and conjunctive claims.
Basic Facts
The defendant association consisting of the defendant association is a non-corporate body established for the purpose of distributing profits from the sale and disposal of land for livelihood measures that the Korea Land and Housing Corporation supplies to the subjects of livelihood measures as part of the living measures related to the housing site project in the G district.
Accordingly, the Defendant Mutual Aid Association consists of 28 members (Plaintiff A, B and Nonparty H, F, Company I, Co., Ltd., J, K, K, L, M, N,O, P, Q, Q, Inc., U, V, M, X, Y, Z, AAB, AC, AD, AE, AE, and AF) who were selected from the Korea Land and Housing Corporation as the subjects of living measures in the G District.
On December 28, 2014, the Defendant Cooperative held the inaugural general meeting and the articles of association of the Defendant Cooperative and enacted its articles of association.
With respect to the inaugural general meeting of the Defendant Union, two different minutes and articles of association exist. One of them is the minutes of meeting in which “Plaintiff D is elected as the president of the Association” (hereinafter referred to as “the first minutes”) and the articles of association in which Plaintiff D and C are recorded as its members. The other is the minutes of meeting in which “M is elected as the president of the Association” (hereinafter referred to as “the second minutes”) and the articles of association in which Plaintiff D, C substituted, and I are recorded as its members.
The main contents of the articles of incorporation of the defendant association are as follows:
Article 5 (Qualification of Members) (The articles of association of the defendant association shall be the same as the contents of the articles of association in addition to the list of members). The members of the defendant association shall be selected by the Korea Land and Housing Corporation as the person eligible for livelihood measures in the G district, who has participated in the establishment of the defendant association, or who has succeeded to the status of the person eligible for livelihood measures at the time of establishment of the defendant association due to inheritance, donation, judgment, transfer of shares, or other reasons, such as inheritance, gift, transfer of shares