위ㆍ수탁 관리계약 무효 확인 청구의 소
1. All of the plaintiffs' lawsuits against the defendants are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Status of the parties 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).
on December 27, 2013, 34 Dong-dong 3,100 households, incidental units, and welfare facilities (hereinafter “instant apartment”) located in Yangcheon-gu Seoul Metropolitan Government D on December 27, 2013
Defendant C’s council of occupants’ representatives (hereinafter referred to as the “Defendant’s council of occupants’ representatives”) consisting of non-corporate representatives.
(2) On December 31, 2016, the instant apartment management contract was concluded with the Defendant’s council of occupants’ representatives and the instant apartment management contract was concluded on December 31, 2016, and the Plaintiff B is an occupant of 1423 dong 305, the instant apartment. (2) The Defendant Sejong Comprehensive Management Co., Ltd. (hereinafter “Defendant Sejong Comprehensive Management”) is a housing management entity that entered into an entrustment management contract with the Defendant’s council of occupants’ representatives on December 31, 2016 with respect to the instant apartment.
B. (1) The Defendant’s council of occupants’ representatives held, on October 24, 2016, the expiration date of the existing housing management business entity A and the entrusted management contract with the Plaintiff, regular meetings on October 9, 2016, and extraordinary meetings on November 9, 2016, respectively, and decided to select a new housing management business entity as a qualification examination system with at least five limited competition. (2) The Defendant’s council of occupants’ representatives decided to select a new housing management business entity on December 6, 2016, the president of the Defendant’s council of occupants’ representatives on December 6, 2016, with respect to the instant apartment from January 1, 2017 to December 31, 2018; (1), at least one billion won in capital; and (3) enterprises with at least three business performance as at the announcement date of the tender; and (2) Defendant’s council of occupants’ representatives did not open the housing management entity on December 16, 2016.
3. On December 16, 2016, the president of the Defendant’s council of occupants’ representatives issued a notice of the opening date of the instant apartment on December 22, 2016, and on the same content, the remaining parts were the same, but the occupants violated legitimate procedures.