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1. Ascertainment that the Defendant’s resolution of expulsion against the Plaintiff on February 11, 2019 is null and void.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The defendant is a promotion committee with the purpose of establishing a regional housing association under the Housing Act, the business site of which is the total area of 58,867.2 square meters in Busan-gu, Busan-do. 2) The plaintiff is a person who was a member of the defendant.
B. Plaintiff’s request for inspection and copying, etc. 1) The Plaintiff filed against the Defendant for inspection and copying of the list of union members and the materials related to land security, but the Defendant’s representative rejected it. Accordingly, the Plaintiff filed for a provisional disposition on the inspection and copying of union materials with Busan District Court 2018Kahap10539, and the above court accepted the above provisional disposition application. 2) Meanwhile, the Defendant’s representative D received a summary order of KRW 1 million as of September 27, 2018 due to the fact of violating the Housing Act, such as non-disclosure and non-disclosure, and was sentenced to a fine of KRW 1 million as of September 27, 2018, and was dissatisfied therewith.
C. Article 12(3)2 of the Defendant’s bylaws on expulsion against the Plaintiff (1) provides that “When a member causes or is likely to cause damage to the promotion of a project by committing an act in violation of the objectives of the association, and failure to perform his/her obligations as a cooperative member, the member may be expelled pursuant to the resolution of the board of directors or the general meeting. In such cases, prior to expulsion, the relevant member shall be given an opportunity to vindicate, but if he/she fails to comply with the given opportunity to vindicate, the given opportunity to vindicate shall be deemed given.” (2) The Defendant sent to the Plaintiff proof of the content that the Plaintiff requested the submission of explanatory materials when he/she is notified of the scheduled resolution on expulsion, as the Plaintiff’s various acts violate the purposes of the association.” (3)
3. On February 1, 2019, the Plaintiff listed the Defendant in violation of the purpose of the association.