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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a maintenance and improvement project association established on February 14, 2006 in order to implement a housing redevelopment improvement project with land outside Guro-gu Seoul and 183 lots.
B. The Plaintiff is dissolved by a resolution of a general meeting on February 27, 2015 and completed the registration of dissolution on March 9, 2015, and is currently in liquidation.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence Nos. 9 and 13, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. The Defendant’s main defense to the effect that the instant lawsuit is unlawful, since D, which was the head of the association at the time of the Plaintiff’s special general meeting on February 23, 2015, lost his/her qualification as the representative, the Plaintiff’s lack of qualification as a party to the instant case.
The defendant asserts that the claim of this case should be dismissed because the plaintiff is not a party.
B. Articles 23(4) and 24(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents constitute matters subject to resolution at a general meeting. A general meeting provides that the appointment and dismissal of partnership officers shall be made ex officio by the president of the partnership, at the request of at least 1/5 of partnership members or at least 2/3 of representatives, with the attendance of the majority of union members and with the consent of the majority of union members present. The dismissal of partnership officers shall be made by a general meeting convened at the proposal of at least 1/10 of association members. The evidence 1-2, 9, and 14-1, 2, 15-1, 14-2, 17-1, 2, 18-1, 2, 20, 22, 23, 24-5, 24-1, 1-5, 24-1, 1-2, 14, and 215-1, 25.