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(영문) 수원지방법원안양지원 2015.11.13 2014가합5482

시공자선정임시총회결의무효확인

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the Housing Redevelopment and Improvement Project Association established for the purpose of implementing a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in Guang-si. The plaintiffs are the members of the defendant.

B. The Defendant decided to select the instant construction project as a method of general competitive bidding, and publicly announced the bid for the construction project in T competitive bidding, and accordingly, the Defendant’s supplementary intervenors participated in the said bidding by submitting a proposal for project participation by the project team that constitutes a consortium (hereinafter “NS project team”) and Daewoo Construction Co., Ltd. (hereinafter “Treatment Construction”).

C. On September 12, 2012, the Defendant: (a) publicly announced and notified the general meeting to its members for the purpose of dealing with the selection of the contractor and other agenda items [No. 1: a case of a guide for selecting the contractor; (b) a case of a decision on the budget for the selection of the contractor; (c) a case of a case of the selection of the contractor; (d) a case of the conclusion of the selected contractor’s contract; (e) a case of the conversion of the tender bond; (e) a case of the conversion of the project cost for the loan); and (e) held the special meeting (hereinafter “instant special meeting”).

At the general meeting of the instant case, the Defendant, among 1367 members of the 712 members (including 692 members present, 30 members of the 692 members present), passed a vote on the agenda item No. 3 concerning the selection of the contractor and passed a resolution to select 669 members as the contractor. The Defendant passed a resolution with the consent of the majority of the members regarding the agenda items, such as concluding the construction contract with the GaS project team and lending the bid bond, etc.

(e) The resolution on each of the above agenda items is referred to as the "resolution of this case". The relevant provisions, such as the Urban Improvement Act, are as follows: