1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Defendant is a regional housing association established to implement a housing construction project, and obtained authorization to establish an association from the Kimhae market on April 12, 2016.

On June 11, 2015, the Plaintiff entered into an membership agreement with a regional housing association (tentatively named) and a member of the Plaintiff, prior to obtaining authorization to establish an association.

B. On December 16, 2018, the Defendant held an extraordinary general meeting (hereinafter referred to as “instant extraordinary general meeting”) in which the Defendant presented each item of agenda listed in the separate sheet (hereinafter referred to as “each item of agenda” in the separate sheet, and the individual item of agenda is specified as the number) at C University’s indoor sports center.

C. In the special meeting of this case, the Defendant rejected the agenda No. 1 of this case to fall short of the quorum and declared that the agenda No. 2 through No. 9 was passed. D.

On September 23, 2019, the Plaintiff changed the head of the household to D, his spouse, and lost the status of the householder.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 9, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that there is no significant defect in the method, procedure, and content of each of the instant agenda.

The Plaintiff lost the Defendant’s membership on September 23, 2019. However, at the time of the instant extraordinary general meeting, the Plaintiff was a member of the Defendant and filed a lawsuit against the Defendant seeking the refund of the contribution under the Busan District Court 2019Gahap49614, and thus, there is a benefit to confirm the existence or validity of the resolution on each of the instant agenda.

3. Ex officio determination as to the legitimacy of a lawsuit, the benefit of confirmation in a lawsuit for confirmation is recognized only when it is the most effective and appropriate means to eliminate the risks of the Plaintiff’s rights or legal status and obtain a judgment of confirmation (see, e.g., Supreme Court Decision 2016Da21643, Mar. 30, 2017).