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(영문) 서울서부지방법원 2013.05.02 2012가합2385

계약유효확인의 소

Text

1. As to the Plaintiff KRW 5,296,00,000 and its KRW 5,236,00,000 among them, the Defendant shall start from October 11, 2012, and 60,000.

Reasons

1. Facts of recognition;

A. (1) The purpose of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant promotion committee”) is to establish a cooperative to implement a housing redevelopment project (hereinafter “instant project”) with the aim of removing old and inferior housing, etc. on land within the Yongsan-gu Seoul Metropolitan City BBB promotion zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The promotion committee approved for the establishment on June 15, 2010 is the redevelopment cooperative with the purpose of implementing the instant project, which was approved for the establishment on August 22, 2012.

(2) On September 20, 2010, the Plaintiff entered into a rearrangement project management service contract with the instant promotion committee and the promotion committee to perform their duties.

B. (1) The instant promotion committee held the first promotion committee on June 27, 2010 and resolved to select the service company and the management company specialized in improvement projects to perform the duties of the said promotion committee. On July 7, 2010, the promotion committee of this case selected the Plaintiff and D corporation as a candidate for the management company specialized in improvement projects at the second promotion committee of the promotion committee.

(2) Meanwhile, Article 77-4 (Public Management of Rearrangement Projects) of the Urban Improvement Act was newly established on April 15, 2010 by Act No. 10268, and enforced on July 16, 2010, the Mayor of Seoul Special Metropolitan City publicly announced the Seoul Special Metropolitan City Ordinance on Urban and Residential Environment Improvement (hereinafter “instant Ordinance”) and the criteria for the selection of the specialized management businessmen for public management (Article 2010-274 of the Seoul Special Metropolitan City Notice; hereinafter “the instant selection criteria”) on July 15, 2010, and the Mayor of Yongsan-gu Seoul Special Metropolitan City and the head of Yongsan-gu Seoul Metropolitan City (hereinafter “the head of Yongsan-gu”) from July 16, 2010 to the Promotion Committee of this case on several occasions in accordance with the above Municipal Ordinance and the criteria for selection.