1. On June 2, 2017, the Defendant’s resolution by the board of representatives ordering the Plaintiffs to be dismissed by its members is null and void respectively.

1. Basic facts

A. The Defendant is a regional housing association that has obtained authorization to establish a collective housing construction project as stipulated by the Housing Act (hereinafter “instant project”) in the old and American Housing Act.

B. Plaintiff A became a member of the Defendant on October 24, 2013; Plaintiff B became a member of the Defendant on October 18, 2013.

The Plaintiffs were appointed as Defendant Auditor on December 27, 2013, and was dismissed on August 16, 2015.

C. On June 2, 2017, the Defendant held a board of representatives (hereinafter “instant board of representatives”).

In the presence of 15 of the 20 members of the defendant representative, the nine members agreed to dismiss the plaintiff A from the union members, and with the consent of 12 members, the plaintiff B decided to dismiss the plaintiff B from the union members.

(hereinafter “instant expulsion Resolution”). On September 1, 2017, the Defendant sent a written notification of expulsion to the Plaintiffs. D.

Relevant provisions of the defendant's rules shall be as specified in attached Form.

(The bottom part is a provision that the defendant added or changed at an extraordinary general meeting on August 16, 2015). 【No dispute exists, entry in Gap-1, 1-2, and 3, and Eul-1, 2, 3, 5, 6, and 7, and the purport of the whole pleadings.

2. Determination on the defense prior to the merits

A. On January 14, 2018, the Defendant, after the resolution of the expulsion of this case, adopted a new resolution to dismiss the Plaintiffs at the ordinary meeting of shareholders on January 14, 2018, and the Plaintiffs already lost their membership, the instant lawsuit is unlawful as there is no benefit of confirmation.

B. According to the purport of the written evidence No. 4 and the entire pleadings, the Defendant held a general meeting on January 14, 2018 and recognized the fact that the Plaintiffs were dismissed from the association members.

However, on February 2, 2018, the plaintiffs asserted that one resolution of expulsion is invalid at the above general meeting of shareholders, and filed a lawsuit against the defendant for confirmation of invalidity of the resolution of the general meeting of shareholders (this court 2018Gahap15133). The plaintiffs filed an application against the defendant on the same day for provisional disposition to preserve the status of union members (this court 2018Kahap1003). This court held on March 29, 2018 at the above general meeting of shareholders.