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(영문) 대전지방법원홍성지원 2016.06.30 2015가합1359

낙찰자선정결정무효확인

Text

1. The plaintiff's lawsuit against the council of occupants' representatives shall be rejected;

2. Defendant Western Housing Management Co., Ltd. on January 2015

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates the overall management of facilities such as buildings, factories, apartment houses, etc., facility costs, broadcasting disinfection business, etc. The Defendant A's representative council (hereinafter referred to as the "Defendant A' representative council") is the council of occupants' representatives comprised of eight Dong B apartments located in Chungcheongnam-nam Budget D (hereinafter referred to as the "instant apartment"), and the Defendant Seocho Housing Management Co., Ltd. (hereinafter referred to as the "Defendant Seocho Housing Management") is selected as the housing management operator of the instant apartment pursuant to Article 43(2) of the Housing Act, and is a housing management business entity under Article 53(1) of the Housing Act, which concludes an apartment housing management agreement with the Defendant's council of occupants' representatives concerning the instant apartment and performs its management work.

2. All the matters referred to the tender;

A. Contract term: from August 1, 2015 to July 31, 2017

Security, cleaning, and disinfection service tendering;

(c) An enterprise which has at least 499 households of concurrent management of guard, cleaning and disinfection services;

(d) An enterprise which has management performance for at least two years in one complex within the last five years;

3. Type of tendering: Limited competitive tendering;

4. An enterprise which does not fall under Article 20 (1) 2 of the Public Notice of the Ministry of Land, Transport and Maritime Affairs (Article 2014-393 of the Public Notice of the Ministry of Land, Transport and Maritime Affairs);

5. Certificate of performance (name of complex, management area, landscaping area, and telephone number).

B. On June 18, 2015, the head of the management office of the instant apartment (E) published a bid to guard, clean up, or select a disinfection service company for the instant apartment (hereinafter “instant bidding”). The main contents are as follows.

C. Meanwhile, the instant bidding participated in Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff, etc. on June 25, 2015, which was determined as the lowest successful bidder as a result of opening the bid on June 25, 2015, and the Defendant.