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(영문) 서울고등법원 2014.08.21 2013나34541

계약유효확인의 소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the defendant and the costs of participation in the appeal.

Reasons

1. Facts of recognition;

A. 1) The party's status is 1) The Housing Redevelopment Improvement Project Promotion Committee (hereinafter referred to as the "instant promotion committee").

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

A) According to the Housing Redevelopment Project with the contents of removing old and inferior housing, etc. on the ground of the land in Yongsan-gu Seoul Metropolitan Government Seoul Metropolitan Government B financial expense promotion zone and constructing new apartments, etc. on the site of the removed site (hereinafter “instant project”).

(2) On June 15, 2010, the purpose of this case’s project is to establish an association to be implemented, and the Defendant is a redevelopment association authorized under the Urban Improvement Act on August 22, 2012 for the purpose of implementing the instant project. (2) The Plaintiff was a rearrangement project management contractor, and the instant promotion committee and the promotion committee entered into a special management service contract for rearrangement projects to perform their duties on September 20, 2010.

B. 1) On June 27, 2010, the instant promotion committee held the first promotion committee on June 27, 2010, decided to select service companies and specialized management business entities to perform the duties of the said promotion committee, held the site site conference on July 2, 2010, and selected the Plaintiff and D Co., Ltd. as candidates to be presented to the residents' general meeting at the second promotion committee on July 7, 2010. 2) Meanwhile, as Article 77-4 of the Urban Improvement Act (public management of rearrangement projects) was newly established by Act No. 10268 on April 15, 2010 and implemented from July 16, 2010, the Seoul Special Metropolitan City Ordinance on Residential Environment and Residential Environment Improvement (Ordinance No. 2504, Jul. 15, 2010; Ordinance No. 22684, Jul. 27, 2010; Ordinance No. 2207, Jul. 27, 201010>