beta
(영문) 부산고등법원 2019.05.01 2018나58533

시공사선정총회결의무효확인

Text

1.The judgment of the first instance shall be modified as follows:

All of the plaintiffs' lawsuits are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. 1) The Defendant’s status, etc. as the party concerned is the housing redevelopment improvement project whose area covers 204,123 square meters of land G in Ulsan-gu, Ulsan-gu (hereinafter “instant improvement project”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) According to the reasoning of the judgment below, on November 10, 201, Plaintiff H is the current member of the Defendant, and the remaining Plaintiffs except Plaintiff H are those who were the Defendant’s members and became the object of cash liquidation due to the failure to conclude a sales contract with the Defendant.

3) The Defendant Intervenor C Co., Ltd. is a company engaged in the real estate sale and lease business. The Defendant’s Intervenor D Co., Ltd. is a company engaged in civil engineering, construction, water supply and drainage, packing, waterproofing, painting construction, etc., and the Defendant’s Intervenor E Co., Ltd. is a company engaged in civil engineering, construction work, etc.

2) On July 2014, the Defendant publicly announced the selection of a contractor with the content of a negotiated contract. The Defendant expressed to the Defendant that the Defendant would participate in the instant rearrangement project as a contractor in the form of a joint supply and demand organization. 3) On September 27, 2014, the Defendant held an extraordinary general meeting (hereinafter “instant special meeting”) at the Fridge located in Ulsan-gu, Ulsan-gu, Seoul (hereinafter “instant special meeting”). A resolution was adopted to select the Defendant’s Intervenor who constitutes a joint supply and demand organization at the instant special meeting as a contractor of the instant rearrangement project (hereinafter “instant general meeting resolution”).