1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

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1. Basic facts

A. The Plaintiff is composed of 35 members (including those who become members of a cooperative under Article 19(1)1 of the Urban Improvement Act on November 22, 2004) and 48 co-ownership shares under the Act on Special Measures for the Structural Improvement of Small and Medium Enterprises and Vitalization of Customary Markets (Act No. 7235, Oct. 22, 2004; hereinafter “Special Measures Act”) and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), to remove A on November 13, 2003, and to implement a reconstruction project (hereinafter “instant project”).

B. The Defendant, as the Plaintiff’s partner who owned the land in the instant project zone, was sold in lots at 102 Dong 401, Songpa-gu Seoul Metropolitan Government D apartment, according to the implementation of the instant project (hereinafter “instant real estate”).

C. The main contents of the Plaintiff’s agreement (hereinafter “instant agreement”) are as follows.

Article 7 (Method of Public Notice of Matters concerning Rights and Duties of Members) (1) A cooperative shall faithfully notify its members of the matters concerning their rights and duties (including changes; hereinafter the same shall apply).

(2) Where a union notifies and announces matters concerning the rights and obligations of union members pursuant to paragraph (1), the following matters shall apply, except as otherwise provided for in this Agreement:

1. The cooperative shall notify each member of the cooperative by mail;

However, if the postal service is returned due to the unknown address or the refusal to receive it, it shall be additionally sent only once, and if the postal service additionally sent is returned due to the same cause, it may be substituted by the notice given in subparagraph 2.

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