1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. As prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) and the Defendant’s articles of incorporation, the Defendant is a reconstruction association established to remove a building on the ground of 18,549.769 square meters in Gangnam-gu Seoul Metropolitan Government, and construct a new building on the land. The Plaintiff is a person dismissed from the head of the association at an extraordinary general meeting held on July 5, 2008 and registered as the head of the association on March 8, 2014.

B. On August 28, 2013, the Defendant representatives’ meeting held on August 28, 2013 attended by 26 representatives. At the time of the above representatives’ meeting, the representatives requested the Plaintiff to submit data on any change in the construction cost to be caused by the change in the heating construction company, but the Plaintiff did not provide the data. The Defendant representatives demanded the convocation of the board of representatives.

C. However, as the Plaintiff did not convene a board of representatives despite the request of representatives, the Defendant’s auditor D held a board of representatives on September 24, 2013 (hereinafter “instant board of representatives”) and passed a resolution on the agenda indicated in the attached list. The resolution on the other agenda items and discussions referred to in subparagraphs 4 and 3 of this case is a resolution on presenting the agenda items in subparagraph 1 to the extraordinary general meeting and the civil and criminal legal response on the matters resolved by the board of representatives at the meeting of the board of representatives is a resolution on delegation and request to the partnership auditor (D).

Among the matters prescribed by the articles of incorporation of the defendant, the following important matters shall be relevant to the board of representatives:

Article 16 (Duties, etc. of Executive Officers) (4) When an auditor finds that the management of the property of a cooperative or the conduct of business of a cooperative is not fair or illegal, he/she shall report such fact to the board of representatives or the general meeting, and the head of the cooperative shall convene a meeting

In such cases, where the head of an association does not convene an audit request, an auditor may directly convene a council of delegates, and by a resolution of the council of delegates.