beta
Text
The plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. The defendant is a regional housing association under the Housing Act established in order to implement a new apartment construction project by using the Filwon in Daegu-gu as the project site, and the plaintiffs are the members of the defendant.
E is a person who has been in office as the head of the association until now since the Defendant’s inaugural general meeting (hereinafter “instant inaugural general meeting”) was elected as the head of the association on November 13, 2015 by organizing the Defendant’s committee of promoters around May 2015 and taking charge of the chairperson’s general meeting.
As a result of the rulings on the date of sentencing court and case number No. 1, Daegu District Court (Seoul District Court Decision 2016No. 1105, Nov. 2, 2017); the suspension of sentence of a fine of KRW 1 million; and the summary order (No. 2016, No. 8046) on December 5, 2016, the prosecutor appealed on the claim for formal trial; however, the prosecutor was sentenced to the dismissal of appeal on May 11, 2018; and the judgment on May 19, 2018 became final and conclusive; the second Daegu District Court Seo-gu District Court No. 2019, No. 359, Oct. 24, 2019 (No. 2019, No. 2320, Oct. 24, 2019); the final and conclusive judgment on the appeal No. 2130, Mar. 21, 2012>
B. E, after having served as the head of the Defendant’s partnership, was prosecuted for a violation of the Housing Act, and a judgment of conviction becomes final and conclusive or is still pending in a lawsuit as follows.
C. On September 29, 2019, the Defendant: (a) held a general meeting of union members on a resolution with the attendance of at least 2/3 of the registered union members and with the consent of at least 2/3 of the union members present at least 474 with the consent of at least 2/3 of the union members; (b) made a resolution to amend Article 18(2) of the Defendant’s Union Regulations (hereinafter “Resolution”) as follows; and (c) on January 6, 2020, the Defendant made a change in the union regulations.