1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant Union is an urban environment rearrangement project association established to implement an urban environment rearrangement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Busan Dong-gu C.

B. On March 9, 2012, the Defendant Cooperative held a general meeting of shareholders and passed a resolution on the selection of the Gyeongnam Enterprise Co., Ltd. as the contractor of the instant rearrangement project on the agenda No. 4.

C. However, on April 7, 2015, a decision to commence rehabilitation procedures has been rendered for a company Nam-gu in Seoul. Accordingly, the Defendant Mutual Association from April 17, 2015 to the same year.

5. Until December 21, 200, the tender was conducted by making a public announcement of the selection of the contractor four times, but no enterprise has participated in the tender as above.

On June 11, 2015, the Defendant Union held an extraordinary general meeting (hereinafter “instant general meeting”). At the time, 136 direct participants among 244 members, and 169 members, including 33 of the written resolution, were present.

With the consent of 158 persons at the above general meeting, the Defendant Union passed a resolution to cancel the construction contract with the Gyeong-nam Company Company with the above general meeting on the agenda item 2, and with the consent of 151 persons, a resolution was made to select Yang-young Company as the contractor and to enter into the construction contract with the above company as the contractor under a negotiated contract with the above company for the construction project of this case (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap evidence 2 through 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, Eul evidence 4, the purport of the whole pleadings

2. Determination on the defense prior to the merits and on the benefits arising therefrom

A. On the premise that the Plaintiff is a member of the Defendant Union, the Plaintiff sought confirmation of invalidity of the resolution of this case as stated in the purport of the claim against the Defendant Union, on the premise that it is a judgment as to the defense prior to the merits, the Defendant Union shall conduct the instant rearrangement project.