총회결의무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a legal entity that implements a housing redevelopment improvement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of redevelopment of the entire city group C in the Nam-gu Seoul Metropolitan City. The Plaintiff is the Defendant’s member, who is the owner of the land located in the said project area.
B. 1) On January 11, 2014, the Defendant is a stock company with the same soil at an extraordinary general meeting (hereinafter “same soil”).
(2) On May 19, 2015, the Defendant concluded a contract for construction works with the construction cost of KRW 3,898,000 per square meter (ground floor, approximately 31,845 square meter) to KRW 2,513,00 (base floor, approximately 5,536 square meter) with respect to the instant project between the same subcontractor and the same subcontractor on May 19, 2015.
C. Upon the aggravation of the financial situation of the same land, the Defendant agreed on May 19, 2015 between the same land and the construction contract between the same land, and notified the public announcement of the designated competitive bidding method to select the contractor of the instant project, but failed three times.
Accordingly, the Defendant decided to select D Co., Ltd. (hereinafter “D”) as the contractor of the instant project by way of a negotiated contract rather than a selective competitive bid method, and held a special general meeting on May 21, 2016 (hereinafter “instant special meeting”) and concluded a private contract between D and D under the condition that D succeed to the said construction contract between D and the same land, and designated D as the contractor of the instant project. The instant case is the instant case.
(2) If the above agenda is approved, the agenda item No. 4 is the subject item of the contract for construction works between the defendant and D (a letter of approval and conclusion of the contract for construction works) to be approved.