임시총회 시공자선정 결의 무효
1. All applications for intervention by the plaintiff co-litigants filed in the trial shall be dismissed.
2. The plaintiff.
1. Basic facts
A. 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 “Urban Improvement Act”) to implement the housing reconstruction improvement project in Seocho-gu Seoul Metropolitan Government, 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.
B. On March 20, 2014, the Defendant: (a) announced a public announcement to select a contractor; (b) held the site site conference on March 28, 2014; and (c) followed the tendering procedure on May 13, 2014; and (b) participated in the tendering procedure on May 13, 2014; and (c) only the Fastium project team comprised of the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) and the Esc construction company (hereinafter “Sc construction”).
C. After that, at the Defendant’s extraordinary general meeting held on June 28, 2014, the “case concerning the selection of a work executor” was presented, and the auxiliary intervenors obtained 721 votes and KS construction 234 votes, and eventually selected a premium project team comprised of auxiliary intervenors as a work executor (hereinafter “instant resolution”). On the same day, the “case concerning the conclusion of a work executor” was resolved as 786 marks and 83 marks.
On April 5, 2015, the defendant prepared a construction contract for share ownership and a monetary loan contract after consultation with the supplementary intervenor, and passed a resolution on April 5, 2015 with the defendant's 593 votes at the ordinary general meeting of 2015 and with the supplementary intervenor 157 votes, "the items concerning the construction contract for share ownership and the monetary loan contract" with the supplementary intervenor.
E. Based on the foregoing, on April 20, 2015, the Defendant concluded a “B Housing Reconstruction Project Construction Contract” with a supplementary intervenor (hereinafter “instant construction contract”).
Article 11 (Selection, etc. of Work Executors) (1) of the former Act on Urban Improvement (Amended by Act No. 12640, May 21, 2014) (1) A cooperative shall Article 16.