On August 11, 2019, Defendant B’s association confirmed that the resolution of expulsion against the Plaintiff is null and void.

The plaintiff is the defendant.

1. Basic facts

A. In relation to the development project of the E-public housing district implemented by the Korea Land and Housing Corporation (hereinafter “Corporation”), Defendant B was established to promote the common interest of the members by selling out the land to the person subject to livelihood measures (hereinafter “instant land for livelihood measures”) and disposing of it (trade, construction and sale of buildings) and distributing it to the members.

B. The main contents of the articles of association of Defendant B related to the instant case are as follows.

Article 5 (Qualification of Members) Members shall be persons selected by the Corporation as eligible for the supply of land for livelihood countermeasures in the E district and who have participated in the establishment of such association.

Article 6 (Rights and Duties of Members) Members of a cooperative shall have the following rights and duties against the cooperative:

2. Right to speak and vote at a general meeting;

4. A right to file an application for distribution of a building constructed and a right to claim distribution of profits from the disposal of the site, etc.;

7. Article 7 (Disqualification, Removal, Succession to Rights and Duties, and Succession to Status) (1) A cooperative member may not withdraw from a cooperative after it establishes an association and enters into a contract for the registration of the cooperative and the transfer of ownership after it enters into such contract.

Provided, That where withdrawal is inevitable due to the circumstances of a member, a cooperative shall succeed to the rights and obligations of the withdrawing member.

(2) Where any member is excluded from a list of persons subject to livelihood countermeasures on the grounds of defects in qualifications as persons subject to livelihood measures or double registration, etc. of multiple unions, he/she shall lose his/her membership.

(3) Any of the following partners may be expelled from a cooperative with the consent of all the partners excluding the partners concerned:

1. A person who excessively disturbs the order of partnership by unfairly dissatisfied with a decision made by the general meeting of partnership or the board of directors;

2. All charges;