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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion: (a) on June 18, 2017, the Defendant promoted redevelopment improvement project with Eunpyeong-gu Seoul D and E as a rearrangement zone; (b) decided at the general meeting of its members to select Hyundai Construction Co., Ltd. as a contractor; and (c) the above resolution violated Article 14(3) of the Seoul Special Metropolitan City’s standards for selection of public management contractors; (b) was based on the provision on the Defendant’s participation in bidding in violation of the Seoul Special Metropolitan City standards; and (c) was not based on a fair competitive bidding in violation of the Framework Act on the Construction Industry; and (d) since Hyundai Construction Co., Ltd did not pay a bid bond, the Defendant again granted the status of the contractor without any ground solely on
2. Determination on the defense prior to the merits
A. The defendant's assertion asserts that the plaintiff is not a member of the defendant, and there is no benefit to seek confirmation of invalidity of the above decision of selecting the contractor.
B. (1) According to the statement in the evidence Nos. 6 and 7 of the defendant’s articles of association, ① Article 9(5) of the defendant’s articles of association provides that “When the rights of a union member are transferred through a transfer, inheritance, or judgment, etc., the rights and obligations of the union member shall be deemed to be changed to the person who acquired the rights of the union member; and the person who acquired the rights shall comprehensively take over the rights and obligations of the union member, the disposition taken by the former right holder, and the scope of the rights and obligations when the union is liquidated, etc.; ② The Seoul Western District Court is recognized as having completed the registration of transfer of ownership in the name of Nonparty G as of September 10, 2018, which was received on August 20, 2018 by the plaintiff within the improvement project zone.
(2) According to the above facts of recognition, the Plaintiff is a member of the Defendant’s association.