On May 9, 2020, the expulsion resolution at the ordinary meeting of the defendant against the plaintiff is invalid.

The costs of lawsuit.

Basic Facts

A. The defendant is a cooperative established for the purpose of implementing a housing redevelopment project in Daegu Nam-gu C, and the plaintiff is a member of the defendant.

B. On May 9, 2020, the Defendant held a general meeting on May 9, 2020 and passed a resolution to dismiss the Plaintiff on the ground that “the Plaintiff caused serious monetary damage to the union by spreading false facts against the Defendant, threatening union members, inciting false materials, etc.” (hereinafter “the instant resolution”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. The expulsion disposition against a member of an organization, such as a union of related legal principles, is to deprive him of his status against the will of the member, and therefore, it should be recognized as a final means in inevitable cases for the benefit of the union. In addition, in a case where the union orders the expulsion of a member, the court may examine the validity of expulsion disposition by considering the existence of the expulsion and the legitimacy of the resolution (see Supreme Court Decision 93Da21750 delivered on May 10, 1994, etc.). In addition, the burden of proof as to the legitimacy of the expulsion disposition is an organization asserting it.

B. In the case of this case, the defendant asserts that the plaintiff's act committed by the head of the whole association D constitutes grounds for expulsion of union members since the plaintiff's act was committed in concert with the acts committed by the head of the association, and the defendant's act was committed to hold a dismissal general meeting against the executive officers of the association or suspended several times.

However, the following circumstances, which are recognized by the overall purport of Gap evidence Nos. 3, 4, and Eul evidence Nos. 13 (including numbers), and the overall purport of the theory, are to be strictly interpreted in cases where it is inevitable for the benefit of the union as the resolution of expulsion against the will of the union member, which is a disposition of deprivation of its status against the will of the union member.