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(영문) 서울중앙지방법원 2015.10.22 2015가합6918

임시총회 시공자선정 결의 무효

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), and the defendant's housing reconstruction and improvement project was selected as a public management project pursuant to Article 77-4 of the Urban Improvement Act.

On March 20, 2014, the Defendant issued a public announcement of tender to select a contractor, held a site site consultation committee on March 28, 2014, and passed a resolution on the selection of the contractor as the contractor at an extraordinary general meeting held on May 13, 2014, following the bidding procedure on May 13, 2014.

(hereinafter) The Plaintiff’s “establishment of a plan to select a work executor” is a matter that has no dispute (based on recognition), Gap’s evidence 25, Eul’s evidence 4-1 and Eul’s evidence 4-2, and the Plaintiff’s “establishment of a plan to select a work executor” as a whole, under Article 24(3)2, 4, 5, 12, and (4) of the Urban Improvement Act, Article 34 of the Enforcement Decree of the same Act, and Article 22 of the Defendant’s Articles of incorporation, without going through a resolution of a general meeting, and thus, it was erroneous in the process of selecting a work executor, and thus, the instant resolution is null and void.

The tender of the FIS project team is null and void as it constitutes a violation of the matters to be observed or to be observed in accordance with the tender guidelines by bidding with any content different from the starting date of the construction contract, the change of construction cost due to price increase, the absence of additional charges due to the delay in the project, the method of settling construction cost, the method of settling damages for delay, the method of paying the contract deposit, and other terms and conditions of the project. The Defendant’s “Rules on Participation in the Selection of Work Executor” (hereinafter referred to as the “Rules on Participation in the Selection of Work Executor”) stipulated in subparagraph 7 of Article 5 of the tender guidelines and all the conditions.