1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Determination on this safety defense

A. As to the Plaintiff’s lawsuit seeking confirmation of invalidity of the instant resolution, the Defendant held a general meeting on April 13, 2012 and ratified the said resolution, the instant lawsuit is merely seeking confirmation of the past legal relationship or legal relationship, and thus, is unlawful as there is no benefit of protection of rights.

B. As to whether the Defendant, by holding a general meeting on April 13, 2012, ratified the resolution of the instant case by holding a union, each of the descriptions in the evidence Nos. 9-1 and 2 is insufficient to recognize the resolution of the instant case, and there is no other evidence to acknowledge it.

Rather, according to the evidence Nos. 9-1 and 2, the defendant held an extraordinary general meeting on April 13, 2012, and proposed a change in the contract of the maintenance business operator and designer as an item No. 5; the reason for the proposal is to change the items of service cost out of the content of the service contract with the maintenance business operator and designer; and the content is to pay the service cost at the time of the selection of the contractor, unlike the existing contract.

If so, it is difficult to conclude that the resolution of this case was ratified without the amendment of the matters concerning the payment of service costs in the service contract with the maintenance business operator and designer.

Therefore, the defendant's main defense is without merit.

2. Judgment on the merits

A. (1) The fact of recognition of the cause of the claim (1) is a non-corporate body consisting of 50 or more promoters with the consent of the owners of the land, etc. in the relevant project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to establish a housing redevelopment project for the purpose of establishing a housing redevelopment project with the area of a project implementation district of 284-3 large scale of 51,094 square meters located in Jin Chang-si, Seog-si (hereinafter “instant promotion committee”).

(B) The instant case.